McNabb v. Lobb et al
Plaintiff: Terry McNabb
Defendant: James R Lobb, Daniel E Holmes, Union County, Union County Sheriff's Department, Eighth Judicial District Attorney's Office and Board of County Commissioners of The County of Union
Case Number: 1:2021cv00623
Filed: July 6, 2021
Court: US District Court for the District of New Mexico
Presiding Judge: Gregory B Wormuth
Referring Judge: Steven C Yarbrough
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 26, 2021 Opinion or Order Filing 30 ORDER SETTING TRIAL SCHEDULING CONFERENCE by Magistrate Judge Gregory B. Wormuth. Trial Scheduling Conference set for 9/8/2021 at 03:00 PM. The parties shall call Judge Wormuth's teleconference line at (877) 402-9753, access code 7578461, to connect to the proceedings. (jls)
August 26, 2021 Opinion or Order Filing 29 ORDER by Magistrate Judge Gregory B. Wormuth finding as moot #16 Motion to Dismiss. (jls)
August 24, 2021 Opinion or Order Filing 28 ORDER ADOPTING JOINT STATUS REPORT by Magistrate Judge Steven C. Yarbrough. (cm)
August 24, 2021 Opinion or Order Filing 27 SCHEDULING ORDER by Magistrate Judge Steven C. Yarbrough. Discovery due by 01/21/2022. Discovery Motions due by 02/14/2022. Pretrial Motions due by 02/22/2022. Proposed Pretrial Order due by 06/08/2022. (cm)
August 24, 2021 Filing 26 Clerk's Minutes for proceedings held before Magistrate Judge Steven C. Yarbrough: Scheduling Conference held on 08/24/2021. (cm)
August 24, 2021 Filing 25 DEMAND for Trial by Jury by Board of County Commissioners of The County of Union, James R Lobb (Roman, David)
August 23, 2021 Filing 24 NOTICE of Voluntary Dismissal as to Eighth Judicial District Attorney's Office and Daniel E Holmes by Terry McNabb (Kalm, Cory)
August 17, 2021 Filing 23 CERTIFICATE OF SERVICE by Terry McNabb of Rule 26(a)(1) Initial Disclosures (Kalm, Cory)
August 17, 2021 Opinion or Order Filing 22 ORDER by Magistrate Judge Gregory B. Wormuth finding as moot #3 Motion to Dismiss for Failure to State a Claim (ceo)
August 17, 2021 Filing 21 CERTIFICATE OF SERVICE by Board of County Commissioners of The County of Union, James R Lobb County Defendants' Rule 26(a)(1) Initial Disclosures (Roman, David)
August 17, 2021 Filing 20 ANSWER to #10 Amended Complaint by James R Lobb.(Roman, David)
August 16, 2021 Filing 19 NOTICE OF RULE 73 CONSENT Received by All Parties (nunc pro tunc - 8/4/2021). Related documents: 5 Consent to Proceed Before a U.S. Magistrate Judge filed by Union County Sheriff's Department, Union County, James R Lobb, 13 Consent to Proceed Before a U.S. Magistrate Judge filed by Eighth Judicial District Attorney's Office, 15 Consent to Proceed Before a U.S. Magistrate Judge filed by Daniel E Holmes, Eighth Judicial District Attorney's Office, 8 Consent to Proceed Before a U.S. Magistrate Judge, filed by Terry McNabb. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kls)
August 13, 2021 Filing 18 Joint Status Report by Board of County Commissioners of The County of Union, James R Lobb (Roman, David)
August 10, 2021 Filing 17 ANSWER to #10 Amended Complaint by Board of County Commissioners of The County of Union.(Roman, David)
August 6, 2021 Filing 16 MOTION to Dismiss by Eighth Judicial District Attorney's Office, Daniel E Holmes. (Sullivan, James)
August 3, 2021 Filing 15 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Eighth Judicial District Attorney's Office, Daniel E Holmes voluntarily consent(s) to have United States Magistrate Judge Gregory B. Wormuth conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Sullivan, James)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 3, 2021 Filing 14 NOTICE of Appearance by James P Sullivan on behalf of Daniel E Holmes (Sullivan, James)
July 28, 2021 Filing 13 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Eighth Judicial District Attorney's Office voluntarily consent(s) to have United States Magistrate Judge Gregory B. Wormuth conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Sullivan, James)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
July 28, 2021 Filing 12 NOTICE of Appearance by James P Sullivan on behalf of Eighth Judicial District Attorney's Office (Sullivan, James)
July 28, 2021 Filing 11 "FILED IN ERROR" wrong attorney login, will refile. NOTICE of Appearance by Christina L Brennan on behalf of Eighth Judicial District Attorney's Office (Brennan, Christina) Modified text on 7/28/2021 (bap).
July 27, 2021 Filing 10 AMENDED COMPLAINT against All Defendants. adding Board of County Commissioners of The County of Union., filed by Terry McNabb. (Kalm, Cory)
July 27, 2021 Filing 9 RESPONSE to Motion re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Terry McNabb. (Kalm, Cory)
July 27, 2021 Filing 8 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Terry McNabb voluntarily consent(s) to have United States Magistrate Judge Gregory B. Wormuth conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Kalm, Cory)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
July 14, 2021 Opinion or Order Filing 7 INITIAL SCHEDULING ORDER by Magistrate Judge Steven C. Yarbrough. Telephonic Scheduling Conference set for 08/24/2021 at 10:30 AM. Joint Status Report due by 08/13/2021. (cm)
July 14, 2021 Filing 6 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 21 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (kls)
July 13, 2021 Filing 5 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), James R Lobb, Union County, Union County Sheriff's Department voluntarily consent(s) to have United States Magistrate Judge Gregory B. Wormuth conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Huss, Brandon)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
July 13, 2021 Filing 4 ANSWER to Complaint (Notice of Removal) by James R Lobb. (Huss, Brandon)
July 13, 2021 Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Union County, Union County Sheriff's Department. (Huss, Brandon)
July 7, 2021 Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7773980 re #1 Notice of Removal, filed by Union County Sheriff's Department, Union County, James R Lobb (Payment made via Pay.gov)(Roman, David)
July 6, 2021 Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory B. Wormuth 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)
July 6, 2021 Filing 1 NOTICE OF REMOVAL by Union County, James R Lobb, Union County Sheriff's Department from Eighth Judicial District Court, County of Union, case number D-818-CV-2021-00018. ( Filing Fee - Online Payment), filed by Union County, James R Lobb, Union County Sheriff's Department. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Roman, David)
July 6, 2021 United States Magistrate Judge Gregory B. Wormuth and United States Magistrate Judge Steven C. Yarbrough assigned. (jg)

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Plaintiff: Terry McNabb
Represented By: Cory James Kalm
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Defendant: James R Lobb
Represented By: Brandon Huss
Represented By: David Anthony Roman
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Defendant: Daniel E Holmes
Represented By: James P Sullivan
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Defendant: Union County
Represented By: Brandon Huss
Represented By: David Anthony Roman
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Defendant: Union County Sheriff's Department
Represented By: Brandon Huss
Represented By: David Anthony Roman
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Defendant: Eighth Judicial District Attorney's Office
Represented By: James P Sullivan
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Defendant: Board of County Commissioners of The County of Union
Represented By: Brandon Huss
Represented By: David Anthony Roman
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