Malcolm International LLC v. Fisher Sand & Gravel-New Mexico, Inc.
| Malcolm International LLC |
| Fisher Sand & Gravel-New Mexico, Inc. |
| 1:2023cv00188 |
| March 6, 2023 |
| US District Court for the District of New Mexico |
| William P Johnson |
| Jennifer M Rozzoni |
| Steven C Yarbrough |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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Filing 8
PLEASE TAKE NOTICE that this case has been reassigned to Chief District Judge William P. Johnson 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 Steven C. Yarbrough no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
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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 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. (cm)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 6
ORDER by Magistrate Judge Jennifer M. Rozzoni. Pursuant to Fed. R. Civ. P. 16 (b)(2), the Court finds good cause to delay entering a scheduling order at this time due to the pending dispositive motion (Doc. 5) filed by the defendant. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kms)
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Filing 5
MOTION to Dismiss or, in the Alternative, for Summary Judgment by Fisher Sand & Gravel-New Mexico, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L) (Harrison, Jeremy)
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Filing 4
NOTICE of Appearance by Jeremy K. Harrison on behalf of Fisher Sand & Gravel-New Mexico, Inc. (Harrison, Jeremy)
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Filing 3
SUMMONS Returned Executed by Malcolm International LLC. Fisher Sand & Gravel-New Mexico, Inc. served on 3/27/2023, answer due 4/17/2023. (Calvert, Sean)
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Summons Issued as to Fisher Sand & Gravel-New Mexico, Inc.. (dr)
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Filing 2
PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Steven C. Yarbrough 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)
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Filing 1
COMPLAINT for Breach of Contract, Unjust Enrichment, Quantum Meruit and Breach of the Covenant of Good Faith and Fair Dealing against Fisher Sand & Gravel-New Mexico, Inc. ( Filing Fee - Online Payment), filed by Malcolm International LLC. (Attachments: #1 Civil Cover Sheet)(Calvert, Sean)
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Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8715356 re #1 Complaint, filed by Malcolm International LLC (Payment made via Pay.gov)(Calvert, Sean)
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United States Magistrate Judge Steven C. Yarbrough and United States Magistrate Judge Jennifer M. Rozzoni assigned. (jg)
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| Plaintiff: Malcolm International LLC | |
| Represented By: | Sean R Calvert |
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| Defendant: Fisher Sand & Gravel-New Mexico, Inc. | |
| Represented By: | Abigail Bannon-Schneebeck |
| Represented By: | Jeremy K. Harrison |
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