Ellis v. Smith's Food & Drug Centers, Inc
Plaintiff: Melissa Lou Ellis
Defendant: Smith's Food & Drug Centers, Inc and John Doe
Case Number: 1:2022cv00122
Filed: February 21, 2022
Court: US District Court for the District of New Mexico
Presiding Judge: Kenneth J Gonzales
Referring Judge: Steven C Yarbrough
Nature of Suit: Personal Injury: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 11, 2022 Filing 20 Remand Letter to Second Judicial District Court by United States District Court (cde)
April 11, 2022 Opinion or Order Filing 19 ORDER by District Judge Kenneth J. Gonzales granting #17 Joint Motion to Remand to State Court. Case remanded to the Second Judicial District in Bernalillo County, New Mexico. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tah)
April 8, 2022 Opinion or Order Filing 18 ORDER by Magistrate Judge Steven C. Yarbrough. In light of #17 Joint Motion to Remand, the Court VACATES all deadlines and hearings set in #8 Initial Scheduling Order. (kfo)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
April 8, 2022 Filing 17 Joint MOTION to Remand to State Court by John Doe, Smith's Food & Drug Centers, Inc. (Clemens, Michael)
March 31, 2022 Opinion or Order Filing 16 ORDER by Magistrate Judge Steven C. Yarbrough granting #15 Motion for Extension of Time. Joint Status Report and Defendant's Initial Disclosure due 4/9/2022. (kfo)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
March 30, 2022 Filing 15 Unopposed MOTION for Extension of Time to File JSR and Initial Disclosures by Smith's Food & Drug Centers, Inc. (Clemens, Michael)
March 28, 2022 Opinion or Order Filing 14 ORDER granting #13 Unopposed Motion to Withdraw as Attorney and Substitution of Counsel by Magistrate Judge Steven C. Yarbrough. (kfo)
March 25, 2022 Filing 13 Unopposed MOTION to Withdraw as Attorney and Substitution of Counsel by Smith's Food & Drug Centers, Inc. (Neff, Erica)
March 18, 2022 Filing 12 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. 10. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl)
March 16, 2022 Filing 11 PLEASE TAKE NOTICE that this case has been reassigned to 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. Magistrate Judge Carmen E. Garza no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
March 7, 2022 Filing 9 NOTICE by Smith's Food & Drug Centers, Inc to Vacate Deposition of Melissa Ellis (Neff, Erica)
February 23, 2022 Opinion or Order Filing 8 INITIAL SCHEDULING ORDER: by Magistrate Judge Steven C. Yarbrough. Joint Status Report due by 4/1/2022. Telephonic Scheduling Conference set for 4/12/2022 at 10:30 AM 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 3/16/2022. (kfo)
February 22, 2022 Filing 7 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Carmen E. Garza 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 22, 2022 Filing 6 NOTICE by Smith's Food & Drug Centers, Inc of Filing of Defendant's Notice of Removal (Attachments: #1 Exhibit 1 - Ntc of Removal in State Court) (Neff, Erica)
February 22, 2022 United States Magistrate Judge Carmen E. Garza and United States Magistrate Judge Steven C. Yarbrough assigned. (jg)
February 21, 2022 Filing 5 DEMAND for Trial by Jury by Smith's Food & Drug Centers, Inc (Neff, Erica)
February 21, 2022 Filing 4 ANSWER to Complaint (Notice of Removal) by Smith's Food & Drug Centers, Inc. (Neff, Erica)
February 21, 2022 Filing 3 NOTICE of Appearance by Erica R. Neff on behalf of Smith's Food & Drug Centers, Inc (Neff, Erica)
February 21, 2022 Filing 2 Corporate Disclosure Statement by Smith's Food & Drug Centers, Inc (Neff, Erica)
February 21, 2022 Filing 1 NOTICE OF REMOVAL by Smith's Food & Drug Centers, Inc from State of NM Second Judicial District, case number D-202-CV-2021-05881. ( Filing Fee - Online Payment), filed by Smith's Food & Drug Centers, Inc. (Attachments: #1 Exhibit A - State Docket, #2 Exhibit B - Second Amended Complaint, #3 Exhibit C - Arbitration Certificate, #4 Exhibit D - Certificate of Proof of Mailing, #5 Civil Cover Sheet Civil Cover Sheet)(Neff, Erica)
February 21, 2022 Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8130306 re #1 Notice of Removal, filed by Smith's Food & Drug Centers, Inc (Payment made via Pay.gov)(Neff, Erica)

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Plaintiff: Melissa Lou Ellis
Represented By: David Adams
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Defendant: Smith's Food & Drug Centers, Inc
Represented By: Erica R. Neff
Represented By: Michael Clemens
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Defendant: John Doe
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