Ruiz v. Capital One Bank, et al.
Plaintiff: Joseph J. Ruiz
Defendant: Capital One Bank, Richard Fairbank and Christopher Newkirk
Case Number: 1:2022cv00637
Filed: August 26, 2022
Court: US District Court for the District of New Mexico
Presiding Judge: Kea W Riggs
Referring Judge: John F Robbenhaar
2 Judge: Kevin R Sweazea
Nature of Suit: Consumer Credit
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Contract Dispute
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2022 Filing 10 STIPULATION of Dismissal with Prejudice by Capital One Bank (Heaphy, Elizabeth)
September 21, 2022 Filing 9 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Kea W. Riggs 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 District Judge Judith C. Herrera no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
September 19, 2022 Filing 8 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Judith C. Herrera 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 Kevin R. Sweazea no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
September 6, 2022 Opinion or Order Filing 7 ORDER FINDING GOOD CAUSE TO DELAY SCHEDULING ORDER by Magistrate Judge John F. Robbenhaar. (kc)
September 6, 2022 Filing 6 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), and considering the pending dispositive motion, 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 10 days from the entry of this notice 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. (atc)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
September 2, 2022 Filing 5 MOTION to Dismiss Party by Richard Fairbank, Christopher Newkirk. (Heaphy, Elizabeth)
September 2, 2022 Filing 4 Answer to Complaint(Notice of Removal) by Capital One Bank re #1 NOTICE OF REMOVAL by Capital One (USA), N.A. from State of New Mexico First Judicial District Court, case number D-101-CV-2022-01313 (Heaphy, Elizabeth) Modified text as per chambers on 9/6/2022 (jjs).
August 26, 2022 Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kevin R. Sweazea 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)
August 26, 2022 Filing 2 APPENDIX/SUPPLEMENT re #1 Notice of Removal, Civil Cover Sheet by Capital One (USA), N.A. (Heaphy, Elizabeth)
August 26, 2022 Filing 1 NOTICE OF REMOVAL by Capital One (USA), N.A. from State of New Mexico First Judicial District Court, case number D-101-CV-2022-01313. ( Filing Fee - Online Payment), filed by Capital One (USA), N.A.. (Attachments: #1 Exhibit A--State Court Filings, #2 Exhibit B--Register of Actions)(Heaphy, Elizabeth)
August 26, 2022 United States Magistrate Judge Kevin R. Sweazea and United States Magistrate Judge John F. Robbenhaar assigned. (jg)
August 26, 2022 Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8433730 re #1 Notice of Removal, filed by Capital One (USA), N.A. (Payment made via Pay.gov)(Heaphy, Elizabeth)

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Plaintiff: Joseph J. Ruiz
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Defendant: Capital One Bank
Represented By: Elizabeth Heaphy
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Defendant: Richard Fairbank
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Defendant: Christopher Newkirk
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