Farm Bureau Property & Casualty Insurance Company v. OE Trucking et al
Plaintiff: Farm Bureau Property & Casualty Insurance Company
Defendant: OE Trucking d/b/a OE & Company, Esparza Osvaldo, Andras Szantho as Personal Representative of the Wrongful Death Estate of Johnny Newnum, deceased, OE Trucking doing business as OE & Company and Andras Szantho
Case Number: 1:2022cv00501
Filed: July 7, 2022
Court: US District Court for the District of New Mexico
Presiding Judge: Kirtan Khalsa
Referring Judge: John F Robbenhaar
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Declaratory Judgement
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 31, 2022 Opinion or Order Filing 21 RESPONSE in Opposition re #18 MOTION to Dismiss Or Stay filed by Farm Bureau Property & Casualty Insurance Company. (Allen, Meena)
August 19, 2022 Opinion or Order Filing 20 RESPONSE in Opposition re #6 MOTION to Dismiss filed by Farm Bureau Property & Casualty Insurance Company. (Allen, Meena)
August 19, 2022 Opinion or Order Filing 19 ORDER FINDING GOOD CAUSE TO DELAY SCHEDULING ORDER by Magistrate Judge John F. Robbenhaar. (kc)
August 17, 2022 Opinion or Order Filing 18 MOTION to Dismiss Or Stay by Esparza Osvaldo. (Weisman, Cynthia)
August 17, 2022 Opinion or Order Filing 17 NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 9 Consent to Proceed Before a U.S. Magistrate Judge, filed by Andras Szantho, 16 Consent to Proceed Before a U.S. Magistrate Judge, filed by OE Trucking, 15 Consent to Proceed Before a U.S. Magistrate Judge, filed by Esparza Osvaldo, 8 Consent to Proceed Before a U.S. Magistrate Judge, filed by Farm Bureau Property & Casualty Insurance Company. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
August 17, 2022 Opinion or Order Filing 16 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), OE Trucking 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. (Weisman, Cynthia)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 17, 2022 Opinion or Order 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), Esparza Osvaldo 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. (Weisman, Cynthia)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 16, 2022 Opinion or Order Filing 14 NOTICE of Appearance by Cynthia L. Weisman on behalf of Esparza Osvaldo (Weisman, Cynthia)
August 16, 2022 Opinion or Order Filing 13 **FILED IN ERROR**CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), OE Trucking 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. (Dow, Mark)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified on 8/16/2022 (snw).
August 16, 2022 Opinion or Order Filing 12 **FILED IN ERROR**CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Esparza Osvaldo 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. (Dow, Mark)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified on 8/16/2022 Attorney filed under wrong acct(snw).
August 12, 2022 Opinion or Order Filing 11 NOTICE by Farm Bureau Property & Casualty Insurance Company re #6 MOTION to Dismiss Extension to File Response (Allensworth, Kerri)
August 8, 2022 Opinion or Order Filing 10 NOTICE by Andras Szantho of Firm Name Change (Weems, Dathan)
August 4, 2022 Opinion or Order Filing 9 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Andras Szantho 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. (Weems, Dathan)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 3, 2022 Opinion or Order 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), Farm Bureau Property & Casualty Insurance Company 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. (Allen, Meena)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 2, 2022 Opinion or Order Filing 7 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 unless consents from all parties have been filed by Tuesday, August 23, 2022. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (kmt)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
July 29, 2022 Opinion or Order Filing 6 MOTION to Dismiss by Andras Szantho. (Weems, Dathan)
July 19, 2022 Opinion or Order Filing 5 ACKNOWLEDGEMENT OF SERVICE Executed Acknowledgement filed by Andras Szantho. (Weems, Dathan)
July 18, 2022 Opinion or Order Filing 4 SUMMONS Returned Executed by Farm Bureau Property & Casualty Insurance Company. Esparza Osvaldo served on 7/11/2022, answer due 8/1/2022. (Allen, Meena)
July 18, 2022 Opinion or Order Filing 3 SUMMONS Returned Executed by Farm Bureau Property & Casualty Insurance Company. OE Trucking served on 7/11/2022, answer due 8/1/2022. (Allen, Meena)
July 8, 2022 Opinion or Order 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.] (dr)
July 8, 2022 Opinion or Order United States Magistrate Judge Kirtan Khalsa and United States Magistrate Judge John F. Robbenhaar assigned. (dr)
July 8, 2022 Opinion or Order Summons Issued as to All Defendants. (dr)
July 7, 2022 Opinion or Order Filing 1 COMPLAINT FOR DECLARATORY JUDGMENT RELIEF against All Defendants ( Filing Fee - Online Payment), filed by Farm Bureau Property & Casualty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Allen, Meena)
July 7, 2022 Opinion or Order Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8355165 re #1 Complaint, filed by Farm Bureau Property & Casualty Insurance Company (Payment made via Pay.gov)(Allen, Meena)

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Plaintiff: Farm Bureau Property & Casualty Insurance Company
Represented By: Meena H Allen
Represented By: Kerri Lee Allensworth
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Defendant: OE Trucking d/b/a OE & Company
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Defendant: Esparza Osvaldo
Represented By: Christopher P. Bauman
Represented By: Cynthia L. Weisman
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Defendant: Andras Szantho as Personal Representative of the Wrongful Death Estate of Johnny Newnum, deceased
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Defendant: OE Trucking doing business as OE & Company
Represented By: Christopher P. Bauman
Represented By: Cynthia L. Weisman
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Defendant: Andras Szantho
Represented By: Dathan Weems
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