Stone et al v. The Board of County Commissioners for the County of Quay et al
Plaintiff: Bucky Stone and Dusty Stone State of New Mexico ex rel., and individually doing business as Stone Ranch
Defendant: The Board of County Commissioners for the County of Quay, Larry Moore, Evelyn Wallin and Larry Wallin
Case Number: 1:2022cv00805
Filed: October 27, 2022
Court: US District Court for the District of New Mexico
Presiding Judge: Jerry H Ritter
Referring Judge: Kevin R Sweazea
2 Judge: Martha Vazquez
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 23, 2022 Opinion or Order Filing 35 RESPONSE in Opposition re #31 MOTION for Leave to File Surreply filed by Evelyn Wallin. (Hill, Megan)
December 19, 2022 Opinion or Order Filing 34 NOTICE of Briefing Complete by Bucky Stone, Dusty Stone re #17 MOTION to Sever and MOTION to Remand Claims Arising Under the New Mexico Civil Rights Act and New Mexico Tort Claims Act filed by Bucky Stone, Dusty Stone (West, Christina)
December 19, 2022 Opinion or Order Filing 33 REPLY to Response to Motion re #17 MOTION to Sever and MOTION to Remand Claims Arising Under the New Mexico Civil Rights Act and New Mexico Tort Claims Act filed by Bucky Stone, Dusty Stone. (West, Christina)
December 13, 2022 Opinion or Order Filing 32 NOTICE by Evelyn Wallin re #27 Response in Opposition to Motion, 21 Reply to Response to Motion, Notice of Errata re Typographical Error (Hill, Megan)
December 13, 2022 Opinion or Order Filing 31 MOTION for Leave to File Surreply by Bucky Stone, Dusty Stone. (Attachments: #1 Exhibit 1) (Miano, Michelle)
December 8, 2022 Opinion or Order Filing 30 NOTICE of Appearance by Wan Erh Chen on behalf of Larry Wallin (Chen, Wan Erh)
December 5, 2022 Opinion or Order Filing 29 RESPONSE in Opposition re #17 MOTION to Sever and MOTION to Remand Claims Arising Under the New Mexico Civil Rights Act and New Mexico Tort Claims Act filed by Larry Moore, The Board of County Commissioners for the County of Quay. (Martinez, Jonlyn)
December 5, 2022 Opinion or Order Filing 28 RESPONSE to Motion re #17 MOTION to Sever and MOTION to Remand Claims Arising Under the New Mexico Civil Rights Act and New Mexico Tort Claims Act filed by Larry Wallin. (Steinman, Gregory)
December 5, 2022 Opinion or Order Filing 27 RESPONSE in Opposition re #17 MOTION to Sever and MOTION to Remand Claims Arising Under the New Mexico Civil Rights Act and New Mexico Tort Claims Act filed by Evelyn Wallin. (Hill, Megan)
December 2, 2022 Opinion or Order Filing 26 NOTICE by Evelyn Wallin re 21 Reply to Response to Motion, Notice of Submission of Defendant Evelyn Wallin's Redacted Exhibits A - F to Reply In Support of her Motion to Dismiss for Failure to State a Claim or, in the Alternative, Motion for a More Definite Statement (Hill, Megan)
December 2, 2022 Opinion or Order Filing 25 AMENDED NOTICE of Briefing Complete by Evelyn Wallin, Larry Wallin re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the Alternative, Motion for More Definite Statement filed by Evelyn Wallin, Larry Wallin (Steinman, Gregory) Modified text on 12/5/2022 add amended (gr).
December 1, 2022 Opinion or Order Filing 24 NOTICE of Briefing Complete by Larry Wallin re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the Alternative, Motion for More Definite Statement filed by Evelyn Wallin, Larry Wallin (Steinman, Gregory)
December 1, 2022 Opinion or Order Filing 23 REPLY to Response to Motion re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the Alternative, Motion for More Definite Statement filed by Larry Wallin. (Steinman, Gregory)
December 1, 2022 Opinion or Order Filing 22 NOTICE of Appearance by Gregory D. Steinman on behalf of Larry Wallin (Steinman, Gregory)
November 29, 2022 Opinion or Order Filing 20 NOTICE by Evelyn Wallin of Extension of Time to Reply in Support of Motion to Dismiss (Hill, Megan)
November 28, 2022 Opinion or Order Filing 19 ORDER by District Judge Martha Vazquez GRANTING #16 Motion to Withdraw as Attorney. Added attorney Gregory D. Steinman for Larry Wallin. Attorney Lawrence H. Hill and Megan Day Hill terminated. (gr)
November 21, 2022 Opinion or Order Filing 18 ORDER finding good cause to delay issuance of a scheduling order re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the Alternative, Motion for More Definite Statement filed by Evelyn Wallin, Larry Wallin by Magistrate Judge Jerry H. Ritter. Per Fed. R. Civ. P. 16(b)(2), I find that the pending Motion to Dismiss for Failure to State a Claim #6 gives good cause to delay entry of an initial scheduling order until the motion is resolved. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sjl)
November 21, 2022 Opinion or Order Filing 17 MOTION to Sever and, MOTION to Remand Claims Arising Under the New Mexico Civil Rights Act and New Mexico Tort Claims Act by Bucky Stone, Dusty Stone. (Miano, Michelle)
November 21, 2022 Opinion or Order Filing 16 MOTION to Withdraw as Attorney for Defendant Larry Wallin and Substitute Counsel by Evelyn Wallin, Larry Wallin. (Hill, Megan)
November 16, 2022 Opinion or Order Filing 15 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. 5 and 8. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
November 14, 2022 Opinion or Order Filing 14 RESPONSE in Opposition re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the Alternative, Motion for More Definite Statement filed by Bucky Stone, Dusty Stone. (Miano, Michelle)
November 14, 2022 Opinion or Order Filing 13 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Martha Vazquez 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 Kevin R. Sweazea no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
November 9, 2022 Opinion or Order Filing 12 NOTICE by Evelyn Wallin, Larry Wallin Notice of Errata (Hill, Megan)
November 4, 2022 Opinion or Order Filing 11 DEMAND for Trial by Jury by Evelyn Wallin, Larry Wallin (Hill, Megan)
November 4, 2022 Opinion or Order Filing 10 Amended ANSWER to Complaint (Notice of Removal) by Larry Moore, The Board of County Commissioners for the County of Quay. (Martinez, Jonlyn)
November 3, 2022 Opinion or Order Filing 9 ANSWER to Complaint (Notice of Removal) by Larry Moore, The Board of County Commissioners for the County of Quay. (Martinez, Jonlyn)
November 1, 2022 Opinion or Order Filing 7 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.]
October 31, 2022 Opinion or Order Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the Alternative, Motion for More Definite Statement by Evelyn Wallin, Larry Wallin. (Hill, Megan)
October 28, 2022 Opinion or Order Filing 4 NOTICE of Appearance by Megan Day Hill on behalf of Evelyn Wallin, Larry Wallin (Hill, Megan)
October 28, 2022 Opinion or Order Filing 3 NOTICE by Evelyn Wallin, Larry Wallin Consent to Removal to Federal Court (Hill, Megan)
October 27, 2022 Opinion or Order Filing 2 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)
October 27, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL by LARRY MOORE, THE BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF QUAY from Tenth Judicial District Court, case number D-1010-CV-2022-00101. ( Filing Fee - Online Payment), filed by LARRY MOORE, THE BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF QUAY. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Plaintiff's Complaint, #3 Exhibit Court Docket)(Martinez, Jonlyn)
October 27, 2022 Opinion or Order Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8527366 re #1 Notice of Removal, filed by THE BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF QUAY, LARRY MOORE (Payment made via Pay.gov)(Martinez, Jonlyn)
October 27, 2022 Opinion or Order United States Magistrate Judge Kevin R. Sweazea and United States Magistrate Judge Jerry H. Ritter assigned. (jg)

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Plaintiff: Bucky Stone
Represented By: Christina S West
Represented By: Michelle T Miano
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Plaintiff: Dusty Stone State of New Mexico ex rel., and individually doing business as Stone Ranch
Represented By: Christina S West
Represented By: Michelle T Miano
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Defendant: The Board of County Commissioners for the County of Quay
Represented By: Jonlyn M Martinez
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Defendant: Larry Moore
Represented By: Jonlyn M Martinez
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Defendant: Evelyn Wallin
Represented By: Lawrence H. Hill
Represented By: Megan Day Hill
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Defendant: Larry Wallin
Represented By: Gregory D. Steinman
Represented By: Lawrence H. Hill
Represented By: Megan Day Hill
Represented By: Wan Erh Chen
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