Herrera et al v. The Village of Angel Fire et al
| George Joshua Herrera and Crystal Sena |
| Mark Fitch and The Village of Angel Fire |
| 1:2021cv00465 |
| May 18, 2021 |
| US District Court for the District of New Mexico |
| Laura Fashing |
| Steven C Yarbrough |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Wrongful Death |
| Defendant |
Docket Report
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This docket was last retrieved on March 13, 2024. A more recent docket listing may be available from PACER.
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Filing 58
CERTIFICATE OF SERVICE by The Village of Angel Fire Supplemental Objections and Responses to Plaintiff's First Requests for Production (Salganek, Luke)
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Filing 57
ORDER by Magistrate Judge Laura Fashing granting #56 Motion to Extend Case Management Deadlines. Discovery due 4/10/2023. Dispositive motions due 5/1/2023. (ccp)
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Filing 56
MOTION to Extend (other) by George Joshua Herrera, Crystal Sena. (Barkley, Jamison)
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Filing 55
NOTICE by The Village of Angel Fire (Brennan, Christina)
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Filing 54
NOTICE of Attorney Substitution: Luke Salganek substituted for James P. Sullivan (Salganek, Luke)
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Filing 53
NOTICE by George Joshua Herrera, Crystal Sena of Compliance with Order (Barkley, Jamison)
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Filing 52
Amended Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Discovery Hearing held on 11/03/2022. (ccp)
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Filing 51
Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Status Conference held on 11/03/2022. (ccp)
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Filing 50
ORDER by Magistrate Judge Laura Fashing. Discovery Conference set for 11/3/2022 at 10:00 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. (ccp)
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Filing 49
NOTICE of Joint Status Report by George Joshua Herrera, Crystal Sena (Barkley, Jamison) Modified docket text on 10/31/2022 (dr).
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Filing 48
ORDER by Magistrate Judge Laura Fashing granting #47 Joint Motion to Vacate Settlement Conference. (ccp)
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Filing 47
MOTION to Vacate by George Joshua Herrera, Crystal Sena. (Barkley, Jamison)
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Filing 46
CERTIFICATE OF SERVICE by Mark Fitch, The Village of Angel Fire Defendant's Rule 26(a)(2) Expert Disclosure (Sullivan, James)
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Filing 44
SECOND ORDER SETTING SETTLEMENT CONFERENCE by Magistrate Judge Laura Fashing. Settlement Conference set for 10/31/2022 at 09:00 AM in Remote via Zoom before Magistrate Judge Laura Fashing. Settlement statements due to chambers by 10/24/2022. (ccp)
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Filing 43
SECOND SCHEDULING ORDER by Magistrate Judge Laura Fashing. Discovery due by 12/12/2022. Motions due by 1/23/2023. Proposed Pretrial Order due by 3/21/2023. (ccp)
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Filing 42
Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Status Conference held on 7/14/2022. (ccp)
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Filing 41
ORDER SETTING STATUS CONFERENCE by Magistrate Judge Laura Fashing. Status Conference set for 7/14/2022 at 02:30 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. Counsel shall call my AT&T toll-free conference line at 1-888-363-4734 and dial access code 5407449 to be joined to the proceedings. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ccp)
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Filing 40
MEMORANDUM OPINION AND ORDER by Magistrate Judge Steven C. Yarbrough denying #20 Motion for Summary Judgment. (cm)
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Filing 39
CERTIFICATE OF SERVICE by George Joshua Herrera Third Supplemental Responses to Defendants' RFP (Barkley, Jamison)
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Filing 38
ORDER by Magistrate Judge Laura Fashing VACATING Settlement Conference set for 12/2/2021 at 9:00 a.m. via Zoom and all deadlines set in the Order Setting Settlement Conference (Doc. 18). [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ccp)
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Filing 37
Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Status Conference held on 11/18/2021. (ccp)
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Filing 36
ORDER by Magistrate Judge Laura Fashing. Status Conference set for 11/18/2021 at 03:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. (cda)
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Filing 35
ORDER by Magistrate Judge Laura Fashing granting #23 Motion to Stay. Discovery in this case shall be stayed, as to all parties, pending resolution of Defendants Motion for Summary Judgment (Doc. 20), or until further order of the Court. (cda)
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Filing 34
STIPULATION of Dismissal loss of consortium claims by George Joshua Herrera, Crystal Sena (Barkley, Jamison)
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Filing 33
NOTICE of Briefing Complete by Mark Fitch, The Village of Angel Fire re #20 Opposed MOTION for Summary Judgment filed by The Village of Angel Fire, Mark Fitch (Sullivan, James)
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Filing 32
REPLY to Response to Motion re #20 Opposed MOTION for Summary Judgment filed by Mark Fitch, The Village of Angel Fire. (Attachments: #1 Exhibit 2) (Sullivan, James)
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Filing 31
NOTICE by George Joshua Herrera, Crystal Sena Video Exhibits Lodged (Barkley, Jamison)
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Filing 30
NOTICE by George Joshua Herrera, Crystal Sena re #29 Response in Opposition to Motion EXHIBITS FILED (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit) (Barkley, Jamison)
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Filing 29
RESPONSE in Opposition re #20 Opposed MOTION for Summary Judgment filed by George Joshua Herrera, Crystal Sena. (Barkley, Jamison)
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Filing 28
NOTICE of Briefing Complete by Mark Fitch, The Village of Angel Fire re #23 Opposed MOTION to Stay filed by Mark Fitch (Sullivan, James)
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Filing 27
REPLY to Response to Motion re #23 Opposed MOTION to Stay filed by Mark Fitch. (Sullivan, James)
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Filing 26
Witness List by George Joshua Herrera, Crystal Sena. (Barkley, Jamison)
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Filing 25
RESPONSE in Opposition re #23 Opposed MOTION to Stay filed by George Joshua Herrera, Crystal Sena. (Barkley, Jamison)
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Filing 24
NOTICE by George Joshua Herrera, Crystal Sena re #20 Opposed MOTION for Summary Judgment Extension of Deadline (Barkley, Jamison)
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Filing 23
Opposed MOTION to Stay by Mark Fitch. (Sullivan, James)
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Filing 22
ORDER by Magistrate Judge Laura Fashing granting #21 Motion to Extend Expert Witness Deadlines. Plaintiff's expert disclosures due October 7, 2021, and Defendants' expert disclosures due November 8, 2021. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cda) Modified on 9/9/2021 (arp).
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Filing 21
MOTION to Extend (other) Expert Deadline by George Joshua Herrera, Crystal Sena. (Barkley, Jamison)
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Filing 20
Opposed MOTION for Summary Judgment by Mark Fitch, The Village of Angel Fire. (Attachments: #1 Affidavit Affidavit of Stephan Marshall, #2 Exhibit 1) (Sullivan, James)
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Filing 18
ORDER by Magistrate Judge Laura Fashing. Settlement Conference set for 12/2/2021 at 09:00 AM remote via Zoom before Magistrate Judge Laura Fashing. (cda)
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Filing 17
CERTIFICATE OF SERVICE by Mark Fitch, The Village of Angel Fire Defendants' Rule 26 Initial Disclosures (Sullivan, James)
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Filing 16
SCHEDULING ORDER AND ORDER ADOPTING JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN by Magistrate Judge Laura Fashing. Discovery due by 12/6/2021. Motions due by 1/13/2022. Proposed Pretrial Order due by 3/14/2022. (ccp)
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Filing 15
Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Rule 16 Initial Scheduling Conference held on 6/29/2021. (ccp)
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Filing 14
CERTIFICATE OF SERVICE by George Joshua Herrera, Crystal Sena Plaintiffs' Initial Disclosures (Barkley, Jamison)
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Filing 13
Joint Status Report and Provisional Discovery Plan by Mark Fitch, The Village of Angel Fire (Sullivan, James)
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United States Magistrate Judge Steven C. Yarbrough assigned. (jg)
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Filing 12
Notice, Consent and Reference of a Civil Action to a Magistrate Judge. (jjs) (Main Document 12 replaced on 6/17/2021) (jg).
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Filing 11
NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: Nos. 8 and 10. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
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Filing 9
PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Kenneth J. Gonzales 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. United States Magistrate Judge Steven C. Yarbrough no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
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Filing 7
DEMAND for Trial by Jury by Mark Fitch, The Village of Angel Fire (Sullivan, James)
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Filing 6
Defendants' ANSWER to Complaint (Notice of Removal) Plaintiff's Second Amended Complaint by Mark Fitch, The Village of Angel Fire. (Sullivan, James)
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Filing 5
NOTICE by Mark Fitch, The Village of Angel Fire Notice of Filing of State Court Record (Attachments: #1 Supplement State Court Record) (Sullivan, James)
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Filing 3
INITIAL SCHEDULING ORDER by Magistrate Judge Laura Fashing. Rule 16 Initial Scheduling Conference set for 6/29/2021 at 02:45 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. Joint Status Report and Provisional Discovery Plan due by 6/22/2021. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 6/10/2021. (ccp)
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Filing 4
Filing fee: $ 402.00, receipt number ANMDC-7699795 re #1 NOTICE OF REMOVAL by Mark Fitch, The Village of Angel Fire from Eighth Judicial District Court, case number D-809-CV-2020-00182. ( Filing Fee - Online Payment), filed by Mark Fitch, The Village of Angel Fire. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Sullivan, James) filed by The Village of Angel Fire, Mark Fitch. (cmm)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 2
PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Steven C. Yarbrough 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)
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Filing 1
NOTICE OF REMOVAL by Mark Fitch, The Village of Angel Fire from Eighth Judicial District Court, case number D-809-CV-2020-00182. ( Filing Fee - Online Payment), filed by Mark Fitch, The Village of Angel Fire. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Sullivan, James)
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United States Magistrate Judge Steven C. Yarbrough and United States Magistrate Judge Laura Fashing assigned. (jg)
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