S.B. v. Tafoya Lucero et al
| S. B. |
| Wensceslaus Asonganyi and Alisha Tafoya Lucero |
| 1:2021cv00402 |
| April 29, 2021 |
| US District Court for the District of New Mexico |
| Gregory J Fouratt |
| Kea W Riggs |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on September 14, 2022. A more recent docket listing may be available from PACER.
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| Filing 47 NOTICE by S. B. re 31 MOTION to Dismiss or in the Alternative Summary Judgment for Lack of Ripeness and Failure to Exhaust Administrative Remedies Second Extension of Time to Respond (Martinez Sanchez, Maria) |
| Filing 46 NOTICE by S. B. of Extension of Time to Respond (Villa, Ryan) |
| Filing 44 TRANSCRIPT of STATUS CONFERENCE held on June 3, 2021, before District Judge Kea W. Riggs. Court Reporter/Transcriber Julie Goehl, Telephone number 505-348-2209. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at https://www.nmd.uscourts.gov. Notice of Intent to Request Redaction set for 6/21/2021. Redaction Request due 7/6/2021. Redacted Transcript Deadline set for 7/14/2021. Release of Transcript Restriction set for 9/13/2021.(jg) |
| Filing 43 REDACTED RESPONSE in Opposition re #15 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law filed by Wensceslaus Asonganyi, Alisha Tafoya Lucero. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11) (Komer, Mark) Modified text to include "redacted" on 6/11/2021 (bap). |
| Filing 42 MOTION to Dismiss Redacted or in the Alternative Summary Judgment for Lack of Ripeness and Failure to Exhaust Administrative Remedies by Wensceslaus Asonganyi, Alisha Tafoya Lucero. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Komer, Mark) |
Filing 41
STIPULATED PROTECTIVE ORDER by District Judge Kea W. Riggs. (ve)
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| Filing 40 Unopposed MOTION for Protective Order by S. B.. (Martinez Sanchez, Maria) |
| Filing 39 NOTICE by Wensceslaus Asonganyi, Alisha Tafoya Lucero of Non-Availability from 6/17/21 through 6/18/21 (Komer, Mark) Modified text to add dates on 6/10/2021 (bap). |
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Filing 38
ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO SUBMIT REDACTED PUBLIC FILINGS by District Judge Kea W. Riggs. Defendants' #33 Unopposed Motion for Leave to Submit Redacted Public Filings is GRANTED. Defendants may file Agreed Upon Redacted Versions of documents 30 and 31 that will be accessible to the general public. (ve)
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| Filing 37 NOTICE of Briefing Complete by S. B. re #15 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law filed by S. B. (Martinez Sanchez, Maria) |
| Filing 36 REPLY to Response to Motion re #15 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law filed by S. B.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Martinez Sanchez, Maria) |
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Filing 35
ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF PAGE LIMITS by District Judge Kea W. Riggs. The #34 Plaintiff's Unopposed Motion for Extension of Page Limits is GRANTED. Plaintiff may exceed the page limits set in Local Rules 7.5 for her Reply to Defendants' Response to her Emergency Motion for Temporary Restraining Order and Preliminary Injunction. (ve)
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| Filing 34 Unopposed MOTION for Leave to File Excess Pages by S. B.. (Martinez Sanchez, Maria) |
| Filing 33 MOTION to Submit Redacted Public Filings by Wensceslaus Asonganyi, Alisha Tafoya Lucero. (Komer, Mark) |
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Filing 32
ORDER FINDING GOOD CAUSE TO DELAY ENTERING A SCHEDULING ORDER by Magistrate Judge Gregory J. Fouratt. In light of the pending 31 dispositive motion, the Court hereby finds good cause under Fed. R. Civ. P. 16 to delay holding a scheduling conference and entering a scheduling order. If the presiding judge denies the motion, the Court will set the matter for scheduling.(gbg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 29
ORDER GRANTING DEFENDANTS' MOTION TO EXCEED PAGE LIMITS by District Judge Kea W. Riggs. The #28 Unopposed Motion for Extension of Page Limits for Defendants' Response to Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction is GRANTED. (ve)
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| Filing 28 MOTION for Leave to File Excess Pages for Response to Emergency Motion by Wensceslaus Asonganyi, Alisha Tafoya Lucero. (Komer, Mark) |
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Filing 27
MINUTE ORDER by District Judge Kea W. Riggs. The Reply deadline for #15 Emergency Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law is expedited to Tuesday, June 8, 2021 at 12:00 p.m. Furthermore, counsel SHALL cooperate to facilitate the timely exchange of Plaintiff's medical records. Counsel for Plaintiff SHALL ensure that Plaintiff is made available for a medical assessment/evaluation by New Mexico Corrections Department (NMCD) medical staff forthwith. (ve)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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| Filing 26 Clerk's Minutes for proceedings held before District Judge Kea W. Riggs: Zoom Status Conference held on 6/3/2021. (Court Reporter J. Goehl) (ve) |
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Filing 24
ORDER SETTING EXPEDITED RESPONSE DEADLINE by District Judge Kea W. Riggs. The Response to the #15 Emergency Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law is EXPEDITED and the Response to the Motion SHALL BE DUE by Friday, June 4, 2021 at 12:00 p.m. (ve)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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| Filing 23 Notice of Status Conference: Zoom Status Conference set for Thursday, June 3, 2021 at 9:30 a.m. via Zoom videoconferencing before District Judge Kea W. Riggs. (ve)NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; the Zoom ID and Passcode will be provided separately to the participants email address of record.2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues.3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking.*** REMINDER: Recording or broadcasting of this hearing is prohibited. ***[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
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Filing 22
ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO EXCEED PAGE LIMITS by District Judge Kea W. Riggs. Plaintiff's #14 Unopposed Motion for Extension of Page Limits is GRANTED. Plaintiff may exceed the page limits set forth in Local Rule 7.5 for her Emergency Motion for Temporary Restraining Order and Preliminary Injunction. (ve)
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| Filing 21 DECLARATION re #15 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law Jennifer Barela, Esq. by S. B. (Attachments: #1 Exhibit 1) (Martinez Sanchez, Maria) |
| Filing 20 DECLARATION re #15 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law Kelly S. Shelton by S. B. (Martinez Sanchez, Maria) |
| Filing 19 DECLARATION re #15 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law Katherine Loewe, Esq. by S. B. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Martinez Sanchez, Maria) |
| Filing 18 DECLARATION re #15 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law Edmond Hayes by S. B. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Martinez Sanchez, Maria) |
| Filing 17 DECLARATION re #15 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law S.B. by S. B. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Martinez Sanchez, Maria) |
| Filing 16 DECLARATION re #15 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law Bruce Trigg, MD by S. B. (Attachments: #1 Exhibit 1) (Martinez Sanchez, Maria) |
| Filing 15 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law by S. B.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Martinez Sanchez, Maria) |
| Filing 14 Unopposed MOTION for Leave to File Excess Pages by S. B.. (Martinez Sanchez, Maria) |
| Filing 13 SUMMONS Returned Executed by S. B.. Wensceslaus Asonganyi served on 5/14/2021, answer due 6/4/2021. (Martinez Sanchez, Maria) |
| Filing 12 SUMMONS Returned Executed by S. B.. Alisha Tafoya Lucero served on 5/14/2021, answer due 6/4/2021. (Martinez Sanchez, Maria) |
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Filing 11
ORDER QUASHING ORDER TO SHOW CAUSE AND GRANTING MOTION TO PROCEED ANONYMOUSLY by Magistrate Judge Gregory J. Fouratt. The Court's #5 Order to Show Cause is QUASHED and Plaintiff's #10 Motion to Proceed Anonymously is GRANTED. (nmh)
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| Filing 10 MOTION Proceed Anonymously by S. B.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11) (Martinez Sanchez, Maria) |
| Filing 9 NOTICE of Appearance by Mark E. Komer on behalf of All Defendants (Komer, Mark) |
| Filing 8 NOTICE of Appearance by Ryan J Villa on behalf of S. B. (Villa, Ryan) |
| Filing 7 NOTICE by S. B. Notice of Case Status (Moskowitz, Lalita) |
| Filing 6 NOTICE by District Judge Kea W. Riggs. If Plaintiff desires the Court issue a preliminary injunction, she MUST file a motion for preliminary injunction discussing the relevant law and preliminary injunction factors and providing an appropriate record. Plaintiff MUST serve the complaint and motion on the Defendants prior to the Court issuing a preliminary injunction pursuant to Fed. R. Civ. P. 65(a)(1). Defendants MUST be given appropriate notice and time to respond. Moreover, if Plaintiff requests a temporary restraining order without notice to the Defendants, she MUST follow the appropriate procedure, or the Court may deny the motion. (ve) |
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Filing 5
NOTICE AND ORDER TO SHOW CAUSE by Magistrate Judge Gregory J. Fouratt. Plaintiff must show cause no later than 5/14/2021 why her full name should not be fully disclosed in filings with the Court. (gbg)
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| Summons Issued as to Wensceslaus Asonganyi, Alisha Tafoya Lucero. (jg) |
| Filing 4 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Kea W. Riggs as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge John F. Robbenhaar no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ln) |
| Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge John F. Robbenhaar to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) |
| United States Magistrate Judge John F. Robbenhaar and United States Magistrate Judge Gregory J. Fouratt assigned. (jg) |
| Filing 2 NOTICE of Appearance by Katherine Loewe on behalf of S. B. (Loewe, Katherine) |
| Filing 1 COMPLAINT and Request for Emergency Injunctive Relief against All Defendants ( Filing Fee - Online Payment), filed by S. B.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Martinez Sanchez, Maria) |
| Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7667497 re #1 Complaint filed by S. B. (Payment made via Pay.gov)(Martinez Sanchez, Maria) |
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