Borrell et al v. Liberty Mutual Surety et al
Plaintiff: Geronimo Borrell, Lila M Dennshinnateano and Geronimo Augustin Borrell
Defendant: Liberty Mutual Surety, Joseph Esparza, Mark Holmes, LHM ATOLLC, d/b/a Sandia Toyota, LLC, f/ka/ LHM Toyota Albuquerque, LHM ATO LLC doing business as Sandia Toyota LLC formerly known as LHM Toyota Albuquerque and LHM Toyota Albuquerque
Case Number: 1:2023cv00177
Filed: March 1, 2023
Court: US District Court for the District of New Mexico
Presiding Judge: Kevin R Sweazea
Referring Judge: David H Urias
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Breach of Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 18, 2023 Filing 19 MOTION to Dismiss by Joseph Esparza. (Carroll, Darci)
April 18, 2023 Filing 18 MOTION to Dismiss by Mark Holmes. (Carroll, Darci)
April 18, 2023 Filing 17 RESPONSE in Opposition re #12 MOTION to Remand and Brief to Remand filed by LHM ATO LLC. (Carroll, Darci)
April 12, 2023 Filing 16 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. 4. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
April 10, 2023 Opinion or Order Filing 15 ORDER by Magistrate Judge Kevin R. Sweazea VACATING Rule 16 scheduling conference and FINDING GOOD CAUSE to delay entering a scheduling order and holding a scheduling conference. Considering the pending Motion to Remand #12 , the Court hereby vacates the scheduling conference set for June 6, 2023 and deadlines set in the Initial Scheduling Order #10 . The Court finds good cause pursuant to Fed. R. Civ. P. 16 to delay entering a scheduling order and holding a scheduling conference. The Court will reset the Rule 16 scheduling conference once the Motion to Remand is resolved. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc)
April 10, 2023 Filing 14 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge David H. Urias 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 Kirtan Khalsa no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
April 7, 2023 Filing 13 MOTION for Leave to File Amended Complaint by Geronimo Augustin Borrell, Lila M Dennshinnateano. (Attachments: #1 Exhibit A, #2 Exhibit B) (Treinen, Rob)
March 31, 2023 Filing 12 MOTION to Remand and Brief to Remand by Geronimo Augustin Borrell, Lila M Dennshinnateano. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Treinen, Rob)
March 29, 2023 Filing 11 NOTICE by Liberty Mutual Surety State Court Filings (Carroll, Darci)
March 16, 2023 Opinion or Order Filing 10 INITIAL SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Joint Status Report due by May 30, 2023. Telephonic Scheduling Conference set for June 6, 2023 at 09:30 AM. 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 April 6, 2023. (atc)
March 3, 2023 Filing 9 Corporate Disclosure Statement by Liberty Mutual Surety (Stanton, Erin)
March 3, 2023 Filing 8 ANSWER to Complaint (Notice of Removal) by Liberty Mutual Surety. (Stanton, Erin)
March 3, 2023 Filing 7 ANSWER to Complaint (Notice of Removal) by Mark Holmes. (Stanton, Erin)
March 3, 2023 Filing 6 ANSWER to Complaint (Notice of Removal) by Joseph Esparza. (Stanton, Erin)
March 3, 2023 Filing 5 ANSWER to Complaint (Notice of Removal) by LHM ATO LLC. (Stanton, Erin)
March 2, 2023 Filing 3 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.] (jg)
March 2, 2023 United States Magistrate Judge Kirtan Khalsa and United States Magistrate Judge Kevin R. Sweazea assigned. (jg)
March 1, 2023 Filing 2 Corporate Disclosure Statement by Liberty Mutual Surety (Stanton, Erin)
March 1, 2023 Filing 1 NOTICE OF REMOVAL by Liberty Mutual Surety from Second Judicial District, case number d-202-cv-2023-00446. ( Filing Fee - Online Payment), filed by Liberty Mutual Surety. (Stanton, Erin)
March 1, 2023 Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8709215 re #1 Notice of Removal filed by Liberty Mutual Surety (Payment made via Pay.gov)(Stanton, Erin)

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Search for this case: Borrell et al v. Liberty Mutual Surety et al
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Plaintiff: Geronimo Borrell
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Plaintiff: Lila M Dennshinnateano
Represented By: Rob Treinen
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Plaintiff: Geronimo Augustin Borrell
Represented By: Rob Treinen
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Defendant: Liberty Mutual Surety
Represented By: Erin K. Stanton
Represented By: Darci A Carroll
Represented By: Donna L Chapman
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Defendant: Joseph Esparza
Represented By: Darci A Carroll
Represented By: Donna L Chapman
Represented By: Erin K. Stanton
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Defendant: Mark Holmes
Represented By: Darci A Carroll
Represented By: Donna L Chapman
Represented By: Erin K. Stanton
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Defendant: LHM ATOLLC, d/b/a Sandia Toyota, LLC, f/ka/ LHM Toyota Albuquerque
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Defendant: LHM ATO LLC doing business as Sandia Toyota LLC formerly known as LHM Toyota Albuquerque
Represented By: Darci A Carroll
Represented By: Donna L Chapman
Represented By: Erin K. Stanton
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Defendant: LHM Toyota Albuquerque
Represented By: Darci A Carroll
Represented By: Donna L Chapman
Represented By: Erin K. Stanton
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