Clements v. Alto Trust Co. et al
| Jacquelyn O. Clements |
| Alto Trust Co., Alto Solutions, Inc. dba AltoIRA and Alto Solutions, Inc. doing business as Altoira |
| 1:2022cv00062 |
| January 27, 2022 |
| US District Court for the District of New Mexico |
| Robert C Brack |
| Steven C Yarbrough |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
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This docket was last retrieved on August 4, 2023. A more recent docket listing may be available from PACER.
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Filing 27
NOTICE of Briefing Complete by Jacquelyn O. Clements re #23 MOTION for Leave to File Second Amended Complaint for Declaratory Judgments (with Exhibits 1-11) filed by Jacquelyn O. Clements (Clements, Bradford)
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Filing 26
REPLY to Response to Motion re #23 MOTION for Leave to File Second Amended Complaint for Declaratory Judgments (with Exhibits 1-11) (with Exhibits I-viii) filed by Jacquelyn O. Clements. (Attachments: #1 Exhibit) (Clements, Bradford)
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Filing 25
RESPONSE in Opposition re #23 MOTION for Leave to File Second Amended Complaint for Declaratory Judgments (with Exhibits 1-11) filed by Alto Solutions, Inc., Alto Trust Co.. (Potter, Thomas)
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Filing 24
ORDER by Sr. District Judge Robert C. Brack Granting #22 Motion for Leave to File Excess Pages (jjs)
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Filing 23
MOTION for Leave to File Second Amended Complaint for Declaratory Judgments (with Exhibits 1-11) by Jacquelyn O. Clements. (Attachments: #1 Supplement, #2 Exhibit) (Clements, Bradford)
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Filing 22
MOTION for Leave to File Excess Pages in Plaintiff's Response in Opposition to Defendants' Motion to Dismiss Filed February 9, 2022 with attached Plaintiff's Response in Opposition to Defendants' Motion to Dismiss Filed Feb. 9, 2022 and Exhibits A-N in Support by Jacquelyn O. Clements. (Attachments: #1 Supplement, #2 Exhibit) (Clements, Bradford)
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Filing 21
ORDER by Sr. District Judge Robert C. Brack GRANTING #20 First MOTION for Extension of Time to File Response/Reply as to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (re DE18 Amended Complaint) re DE18 Amended Complaint for Declaratory Judgment. Response due no later than 3/15/2022. (cde)
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Filing 20
First MOTION for Extension of Time to File Response/Reply as to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (re DE18 Amended Complaint) re DE18 Amended Complaint for Declaratory Judgment by Jacquelyn O. Clements. (Clements, Bradford)
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Filing 19
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (re DE18 Amended Complaint) by Alto Solutions, Inc., Alto Trust Co.. (Potter, Thomas)
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Filing 18
AMENDED COMPLAINT for Declaratory Judgment (with exhibits enclosed) against All Defendants., filed by Jacquelyn O. Clements. (Clements, Bradford)
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Filing 17
ORDER by Magistrate Judge Steven C. Yarbrough finding good cause to extend the time to issue the scheduling order pursuant to Federal Rule of Civil Procedure 16(b). The Court will delay the issuance of its Scheduling Order pending resolution of #8 Motion to Dismiss. (kfo)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 16
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. 11 and 14. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl)
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Filing 15
PLEASE TAKE NOTICE that this case has been reassigned to Sr. District Judge Robert C. Brack 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 Kirtan Khalsa no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
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Filing 13
APPENDIX/SUPPLEMENT re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Opposition to Motion to Void... by Alto Solutions, Inc., Alto Trust Co. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Gooch, Christina)
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Filing 12
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 February 23, 2022 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.]
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Filing 10
WAIVER OF SERVICE Returned Executed by Jacquelyn O. Clements as to All Defendants. (Clements, Bradford)
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Filing 9
Corporate Disclosure Statement by Alto Solutions, Inc., Alto Trust Co. identifying Corporate Parent Alto Solutions, Inc. for Alto Solutions, Inc., Alto Trust Co.. (Gooch, Christina)
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Filing 8
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Opposition to Motion to Void... by Alto Solutions, Inc., Alto Trust Co.. (Gooch, Christina)
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Filing 7
NOTICE by Alto Solutions, Inc., Alto Trust Co. Notice of Good Standing (Gooch, Christina)
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Filing 6
ASSOCIATION of Attorney Licensed Outside the District for Defendants Alto Solutions, Inc., Alto Trust Co. by Christina Muscarella Gooch on behalf of: Thomas K. Potter, III BURR & FORMAN LLP 222 Second Avenue South, Ste. 2000Nashville, Tennessee & 37201 615-724-3231 Fax 615-724-3331 tpotter@burr.com (Association Dues - Online Payment) (Gooch, Christina)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 5
NOTICE of Appearance by Christina Muscarella Gooch on behalf of Alto Solutions, Inc., Alto Trust Co. (Gooch, Christina)
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Filing 4
**FILED IN ERROR**ASSOCIATION of Attorney Licensed Outside the District for Defendants Alto Solutions, Inc., Alto Trust Co. by Thomas K. Potter, III (Association Dues - Online Payment) (Potter, Thomas)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified on 2/2/2022 (dr).
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Association Dues Received: $ 100 receipt number ANMDC-8097172 re: # 6 Association of Attorney Licensed Outside the District, filed by Alto Solutions, Inc., Alto Trust Co. (Payment made via Pay.gov)(Potter, Thomas) Modified on 2/2/2022 (dr).
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Filing 3
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.] (ng)
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Filing 2
APPENDIX/SUPPLEMENT re #1 Complaint Civil Cover Sheet by Jacquelyn O. Clements (Clements, Bradford)
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Office code correction. Case office code has been changed from 2 (Las Cruces) to 1 (Albuquerque). (ng)
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United States Magistrate Judge Kirtan Khalsa and United States Magistrate Judge Steven C. Yarbrough assigned. (ng)
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Filing 1
COMPLAINT to Void Standard Form Consumer Contracts with Numerous Unenforceable Disabling Civil Dispute Clauses against All Defendants ( Filing Fee - Online Payment), filed by Jacquelyn O. Clements. (Clements, Bradford)
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Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8093894 re #1 Complaint filed by Jacquelyn O. Clements (Payment made via Pay.gov)(Clements, Bradford)
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