Smiley v. New Mexico Human Services Department et al
Plaintiff: Tamira Smiley
Defendant: New Mexico Human Services Department, Dustin Acklin and Crystal Martinez
Case Number: 1:2022cv00088
Filed: February 9, 2022
Court: US District Court for the District of New Mexico
Presiding Judge: Robert C Brack
Referring Judge: Jerry H Ritter
2 Judge: John F Robbenhaar
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 23, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 24, 2022 Opinion or Order Filing 15 NOTICE of Briefing Complete by New Mexico Human Services Department re #5 MOTION to Dismiss All Counts of the Complaint filed by New Mexico Human Services Department (Heitz, Michael)
March 24, 2022 Opinion or Order Filing 14 REPLY to Response to Motion re #5 MOTION to Dismiss All Counts of the Complaint filed by New Mexico Human Services Department. (Heitz, Michael)
March 16, 2022 Opinion or Order Filing 13 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: No. 8. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl)
March 14, 2022 Opinion or Order Filing 12 PLEASE TAKE NOTICE that this case has been reassigned to Sr. United States 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. 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)
March 10, 2022 Opinion or Order Filing 11 RESPONSE in Opposition re #5 MOTION to Dismiss All Counts of the Complaint filed by Tamira Smiley. (Attachments: #1 Exhibit 1) (Roybal-Mack, Antonia)
March 9, 2022 Opinion or Order Filing 10 ORDER FINDING GOOD CAUSE TO DELAY SCHEDULING ORDER by Magistrate Judge John F. Robbenhaar. All instructions, deadlines and hearings in the Initial Scheduling Order (Doc. 3) are VACATED. (kc)
March 7, 2022 Opinion or Order Filing 9 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 Friday, March 11, 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. (kfo)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
March 3, 2022 Opinion or Order Filing 7 NOTICE by Tamira Smiley Notice of Agreed Upon Extension (Roybal-Mack, Antonia)
February 18, 2022 Opinion or Order Filing 6 PLEASE TAKE NOTICE that this case has been randomly reassigned 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 must be made no later than 14 days from the date of reassignment. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions. United States Magistrate Judge Jerry H. Ritter no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
February 16, 2022 Opinion or Order Filing 5 MOTION to Dismiss All Counts of the Complaint by New Mexico Human Services Department. (Heitz, Michael)
February 10, 2022 Opinion or Order Filing 4 Filing fee: $ 402.00, receipt number SF003429 re #1 NOTICE OF REMOVAL by All Defendants ( Filing Fee - Deliver Payment), filed by All Defendants. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Civil Cover Sheet Civil Cover Sheet)(Heitz, Michael) filed by Crystal Martinez, New Mexico Human Services Department, Dustin Acklin. (gr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 10, 2022 Opinion or Order Filing 3 INITIAL SCHEDULING ORDER: by Magistrate Judge John F. Robbenhaar. Rule 16(c) Hearing set for 3/31/2022 at 10:00 AM before Magistrate Judge John F. Robbenhaar. Five minutes prior to the start of the Conference, the partiesshall call the AT&T Conference line at 888-363-4735, Access Code 2387395, to connect to the proceedings. Joint Status Report due by 3/21/2022. 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 3/3/2022. (smd) (Main Document 3 replaced on 2/16/2022) (dr).
February 9, 2022 Opinion or Order Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Jerry H. Ritter 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)
February 9, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL by All Defendants ( Filing Fee - Deliver Payment), filed by All Defendants. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Civil Cover Sheet Civil Cover Sheet)(Heitz, Michael)
February 9, 2022 Opinion or Order United States Magistrate Judge Jerry H. Ritter and United States Magistrate Judge John F. Robbenhaar assigned. (jg)

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Search for this case: Smiley v. New Mexico Human Services Department et al
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Plaintiff: Tamira Smiley
Represented By: Amelia P Nelson
Represented By: Antonia Roybal-Mack
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Defendant: New Mexico Human Services Department
Represented By: Kaleb W. Brooks
Represented By: Michael R. Heitz
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Defendant: Dustin Acklin
Represented By: Kaleb W. Brooks
Represented By: Michael R. Heitz
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Defendant: Crystal Martinez
Represented By: Kaleb W. Brooks
Represented By: Michael R. Heitz
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