Rowan v. Smiths Food & Drug Centers, Inc. et al.
| Mary Ann Rowan |
| Smiths Food and Drug Centers, Inc. and John Doe |
| 1:2021cv00850 |
| August 30, 2021 |
| US District Court for the District of New Mexico |
| Kirtan Khalsa |
| Steven C Yarbrough |
| Personal Injury: Other |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 18 Letter to the Clerk of the Second Judicial District Court remanding case. (arp) |
Filing 17
ORDER GRANTING MOTION TO REMAND by Magistrate Judge Kirtan Khalsa. Plaintiff's Motion to Remand and Memorandum in Support of Motion to Remand (Doc. 9) is granted. This matter is remanded to the Second Judicial District Court for the County of Bernalillo, State of New Mexico, with each party to bear its own attorneys' fees and costs with respect to removal and remand. (kmt)
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| Filing 16 NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 14 Consent to Proceed Before a U.S. Magistrate Judge, filed by Mary Ann Rowan, 13 Consent to Proceed Before a U.S. Magistrate Judge, filed by Smiths Food and Drug Centers, Inc.. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp) |
| Filing 15 RESPONSE in Support re #9 MOTION to Remand to State Court Plaintiff's Motion to Remand, etc. filed by Smiths Food and Drug Centers, Inc.. (Neff, Erica) |
| Filing 14 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Mary Ann Rowan voluntarily consent(s) to have United States Magistrate Judge Kirtan Khalsa conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Garcia, Narciso)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| 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), Smiths Food and Drug Centers, Inc. voluntarily consent(s) to have United States Magistrate Judge Kirtan Khalsa conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Neff, Erica)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
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Filing 12
ORDER by Magistrate Judge Steven C. Yarbrough granting #10 Unopposed Motion to Vacate and Reset. The Scheduling Conference set for 10/21/2021 is vacated and reset to 10/19/2021 at 1:30 p.m. All other deadlines in #8 Initial Scheduling Order remain the same. (cm)
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| Filing 11 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 Wednesday, October 6, 2021 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. (eh)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 10 MOTION to Vacate Mtn to Vacate & Reset by Mary Ann Rowan. (Garcia, Narciso) |
| Filing 9 MOTION to Remand to State Court Plaintiff's Motion to Remand, etc. by Mary Ann Rowan. (Garcia, Narciso) |
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Filing 8
INITIAL SCHEDULING ORDER: by Magistrate Judge Steven C. Yarbrough. Joint Status Report due by 10/8/2021. Scheduling Conference set for 10/21/2021 at 09:30 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Steven C. Yarbrough. 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 9/28/2021. (kfo)
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| Filing 7 DEMAND for Trial by Jury by Smiths Food and Drug Centers, Inc. (Neff, Erica) |
| Filing 6 NOTICE of Appearance by Erica R. Neff on behalf of Smiths Food and Drug Centers, Inc. (Neff, Erica) |
| Filing 5 ANSWER to Complaint (Notice of Removal) by Smiths Food and Drug Centers, Inc.. (Neff, Erica) |
| Filing 4 Corporate Disclosure Statement by Smiths Food and Drug Centers, Inc. identifying Corporate Parent The Kroger Co. for Smiths Food and Drug Centers, Inc.. (Neff, Erica) |
| Filing 3 NOTICE by Smiths Food and Drug Centers, Inc. of Filing of Defendant's Notice of Removal (Neff, Erica) |
| Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7866580 re #1 Notice of Removal, (Payment made via Pay.gov)(Neff, Erica) |
| Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kirtan Khalsa 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) |
| Filing 1 NOTICE OF REMOVAL by Smiths Food & Drug Centers, Inc. from State of NM Second Judicial District, case number D-202-CV-2021-02056. ( Filing Fee - Online Payment), filed by Smiths Food & Drug Centers, Inc.. (Attachments: #1 Exhibit A - State Docket, #2 Exhibit B - Complaint, #3 Exhibit C - Arbitration Certificate, #4 Exhibit D - Summons Return for Smith's, #5 Civil Cover Sheet Civil Cover Sheet)(Neff, Erica) |
| United States Magistrate Judge Kirtan Khalsa and United States Magistrate Judge Steven C. Yarbrough assigned. (jg) |
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