Pitts v. San Juan College
Plaintiff: Kenneth Pitts
Defendant: San Juan College
Case Number: 1:2023cv00120
Filed: February 9, 2023
Court: US District Court for the District of New Mexico
Office: Albuquerque Office
Presiding Judge: Steven C Yarbrough
Nature of Suit: Civil Rights: Education
Cause of Action: 42 U.S.C. § 2000 Job Discrimination (Race)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 24, 2023 Opinion or Order Filing 39 PLAINTIFF 2nd OPPOSITION TO DEFENDANT SAN JUAN COLLEGE'S MOTIONTO STAY PENDING APPEAL AND BRIEF AND PRIMA FACIE EVIDENCE re #32 MOTION to Stay Pending Appeal filed by Kenneth Pitts. (bc)
March 22, 2023 Opinion or Order Filing 38 MEMORANDUM OPINION AND ORDER by Magistrate Judge Steven C. Yarbrough granting #32 Motion to Stay; granting #33 Motion for Electronic Filing Permissions (kfo)
March 20, 2023 Opinion or Order Filing 37 NOTICE of Briefing Complete by San Juan College re #32 MOTION to Stay Pending Appeal filed by San Juan College (Salganek, Luke)
March 20, 2023 Opinion or Order Filing 36 REPLY to Response to Motion re #32 MOTION to Stay Pending Appeal filed by San Juan College. (Attachments: #1 Exhibit A, #2 Exhibit B) (Salganek, Luke)
March 15, 2023 Opinion or Order Filing 35 RESPONSE in Opposition re #32 MOTION to Stay Pending Appeal filed by Kenneth Pitts. (dr)
March 9, 2023 Opinion or Order Filing 34 RESPONSE in Opposition re #32 MOTION to Stay Pending Appeal filed by Kenneth Pitts. (dr)
March 2, 2023 Opinion or Order Filing 33 PLAINTIFF MOTION FOR LEAVE TO ELECTRONICALLY FILE (bc)
February 23, 2023 Opinion or Order Filing 32 MOTION to Stay Pending Appeal by San Juan College. (Salganek, Luke)
February 9, 2023 Opinion or Order Filing 31 PLEASE TAKE NOTICE that United States Magistrate Judge Steven C. Yarbrough has been assigned for a 28 U.S.C. 1915 review. (dr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 9, 2023 Opinion or Order Filing 30 Case transferred in from District of Massachusetts; Case Number 1:22-cv-11062. Original file certified copy of transfer order and docket sheet received.
February 9, 2023 Opinion or Order Filing 29 Case transferred electronically to the United States District Court for the District of New Mexico. Original case file sent to the Clerk in that district. (Pacho, Arnold) [Transferred from Massachusetts on 2/9/2023.]
February 9, 2023 Opinion or Order Filing 28 District Judge Angel Kelley: ORDER entered. Order Transferring Case to the United States District Court for the District of New Mexico, Albuquerque Division. (Pacho, Arnold) [Transferred from Massachusetts on 2/9/2023.]
February 9, 2023 Opinion or Order Filing 27 District Judge Angel Kelley: ORDER entered. For the reasons stated in the attached Memorandum and Order, Defendants #6 motion to transfer is GRANTED. This action will be transferred to the District of New Mexico, Albuquerque Division. (Pacho, Arnold) [Transferred from Massachusetts on 2/9/2023.]
February 9, 2023 Opinion or Order United States Magistrate Judge Steven C. Yarbrough assigned. (dr)
February 2, 2023 Opinion or Order Filing 26 Electronic Clerk's Notes for proceedings held before District Judge Angel Kelley: Motion Hearing held on 2/2/2023 re #6 MOTION to Dismiss filed by San Juan College. Case called. The Court heard oral argument from the parties. Matter taken under advisement. (Court Reporter: Linda Walsh at lwalshsteno@gmail.com.)(Attorneys present: Kenneth Pitts appearing as pro se Plaintiff; Bethany Minich and Luke Salganek (virtually) for Defendant) (Lara, Miguel) [Transferred from Massachusetts on 2/9/2023.]
January 24, 2023 Opinion or Order Filing 25 Copy re 24 Notice of Hearing on Motion, 23 Order on Motion for Hearing mailed to Kenneth Pitts on 1/24/23. (Lara, Miguel) [Transferred from Massachusetts on 2/9/2023.]
January 24, 2023 Opinion or Order Filing 24 ELECTRONIC NOTICE Setting Hearing on re #6 MOTION to Dismiss : Motion Hearing set for 2/2/2023 03:00 PM in Courtroom 8 (In person only) before District Judge Angel Kelley. (Lara, Miguel) [Transferred from Massachusetts on 2/9/2023.]
January 24, 2023 Opinion or Order Filing 23 District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING #13 Motion for Hearing. (Lara, Miguel) [Transferred from Massachusetts on 2/9/2023.]
October 3, 2022 Opinion or Order Filing 22 SUR-REPLY to Motion re #6 MOTION to Dismiss filed by Kenneth Pitts. (Attachments: #1 Exhibit) (Pacho, Arnold) (Main Document 22 replaced on 10/3/2022) (Pacho, Arnold). (Attachment 1 replaced on 10/3/2022) (Pacho, Arnold). Modified on 10/3/2022 to remove blank pages. (Pacho, Arnold). [Transferred from Massachusetts on 2/9/2023.]
September 30, 2022 Opinion or Order Filing 21 REPLY to Response to #6 MOTION to Dismiss -Leave to File Granted on 09-30-2022 filed by San Juan College. (Salganek, Luke) [Transferred from Massachusetts on 2/9/2023.]
September 30, 2022 Opinion or Order Filing 20 Copy re 19 Order on Motion for Leave to File, mailed to Kenneth Pitts on 9/30/2022. (Pacho, Arnold) [Transferred from Massachusetts on 2/9/2023.]
September 30, 2022 Opinion or Order Filing 19 District Judge Angel Kelley: ELECTRONIC ORDER entered. Defendant's #16 Motion for Leave to File Reply is GRANTED. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order) - in the caption of the document. (Pacho, Arnold) [Transferred from Massachusetts on 2/9/2023.]
September 12, 2022 Opinion or Order Filing 18 Plaintiffs' Opposition to Defendant San Juan College's #16 Reply in Support of its Second Motion to Dismiss filed by Kenneth Pitts. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kelly, Danielle) [Transferred from Massachusetts on 2/9/2023.]
September 8, 2022 Opinion or Order Filing 17 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #16 MOTION for Leave to File to File Reply in Support of its Motion to Dismiss by Luke Salganek on behalf of All Defendants. (Salganek, Luke) [Transferred from Massachusetts on 2/9/2023.]
September 8, 2022 Opinion or Order Filing 16 MOTION for Leave to File to File Reply in Support of its Motion to Dismiss by San Juan College. (Attachments: #1 Exhibit A)(Salganek, Luke) [Transferred from Massachusetts on 2/9/2023.]
August 31, 2022 Opinion or Order Filing 15 NOTICE of Appearance by Luke Salganek on behalf of San Juan College (Salganek, Luke) [Transferred from Massachusetts on 2/9/2023.]
August 29, 2022 Opinion or Order Filing 14 District Judge Angel Kelley: ELECTRONIC ORDER entered granting #9 Motion for Leave to Appear Pro Hac Vice Added Luke A. Salganek. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Currie, Haley) [Transferred from Massachusetts on 2/9/2023.]
August 25, 2022 Opinion or Order Filing 13 Request for Oral Argument by Kenneth Pitts. (Pacho, Arnold) [Transferred from Massachusetts on 2/9/2023.]
August 25, 2022 Opinion or Order Filing 12 MEMORANDUM in Opposition re #6 MOTION to Dismiss filed by Kenneth Pitts. (Attachments: #1 Opposition to Forgette Affidavit, #2 Exhibit A) (Pacho, Arnold) [Transferred from Massachusetts on 2/9/2023.]
August 25, 2022 Opinion or Order Filing 11 Opposition re #6 MOTION to Dismiss filed by Kenneth Pitts. (Pacho, Arnold) [Transferred from Massachusetts on 2/9/2023.]
August 12, 2022 Opinion or Order Filing 10 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #9 MOTION for Leave to Appear Pro Hac Vice for admission of Luke A. Salganek Filing fee: $ 100, receipt number AMADC-9453114 by Bethany Pierson Minich on behalf of San Juan College. (Minich, Bethany) [Transferred from Massachusetts on 2/9/2023.]
August 12, 2022 Opinion or Order Filing 9 MOTION for Leave to Appear Pro Hac Vice for admission of Luke A. Salganek Filing fee: $ 100, receipt number AMADC-9453114 by San Juan College. (Attachments: #1 Exhibit A: Affidavit of Luke Salganek)(Minich, Bethany) [Transferred from Massachusetts on 2/9/2023.]
August 12, 2022 Opinion or Order Filing 8 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #6 MOTION to Dismiss , #7 Memorandum in Support of Motion by Bethany Pierson Minich on behalf of San Juan College. (Minich, Bethany) [Transferred from Massachusetts on 2/9/2023.]
August 12, 2022 Opinion or Order Filing 7 MEMORANDUM in Support re #6 MOTION to Dismiss filed by San Juan College. (Attachments: #1 Exhibit A: Affidavit A. Forgette)(Minich, Bethany) [Transferred from Massachusetts on 2/9/2023.]
August 12, 2022 Opinion or Order Filing 6 MOTION to Dismiss by San Juan College.(Minich, Bethany) [Transferred from Massachusetts on 2/9/2023.]
August 5, 2022 Opinion or Order Filing 5 SUMMONS Returned Executed as to San Juan College. Served on 7/20/2022, answer due 8/10/2022. (Pacho, Arnold) [Transferred from Massachusetts on 2/9/2023.]
July 6, 2022 Opinion or Order Filing 4 Filing fee/payment: $ 402.00, receipt number 1BST090174 for #1 Complaint, (Barbosa, Nilsa) [Transferred from Massachusetts on 2/9/2023.]
July 1, 2022 Opinion or Order Filing 3 Summons Issued as to San Juan College. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (de Oliveira, Flaviana) [Transferred from Massachusetts on 2/9/2023.]
July 1, 2022 Opinion or Order Filing 2 ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) [Transferred from Massachusetts on 2/9/2023.]
July 1, 2022 Opinion or Order Filing 1 COMPLAINT against San Juan College, filed by Kenneth Pitts. (Attachments: #1 Civil Cover Sheet & Category Form, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10)(de Oliveira, Flaviana) [Transferred from Massachusetts on 2/9/2023.]

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Plaintiff: Kenneth Pitts
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Defendant: San Juan College
Represented By: Luke Salganek
Represented By: Bethany Pierson Minich
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