Gardner v. Schumacher et al
| William C Gardner |
| Charles Schumacher, David Warren, III, Burrell Tucker, Leo Paul Balderamos, Jolynn Galvin, Ermelinda Baca and Melissa Barbara |
| 1:2023cv00189 |
| March 6, 2023 |
| US District Court for the District of New Mexico |
| Damian L Martinez |
| Jerry H Ritter |
| Margaret I Strickland |
| Kevin R Sweazea |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on August 21, 2023. A more recent docket listing may be available from PACER.
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Filing 19
NOTICE of Briefing Complete by Ermelinda Baca, Leo Paul Balderamos, Melissa Barbara, Jolynn Galvin, Charles Schumacher, Burrell Tucker, David Warren, III re #9 MOTION to Dismiss filed by David Warren, III, Melissa Barbara, Jolynn Galvin, Leo Paul Balderamos, Burrell Tucker, Ermelinda Baca, Charles Schumacher (Lueras, Taylor)
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Filing 18
REPLY to Response to Motion re #9 MOTION to Dismiss filed by Ermelinda Baca, Leo Paul Balderamos, Melissa Barbara, Jolynn Galvin, Charles Schumacher, Burrell Tucker, David Warren, III. (Lueras, Taylor)
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Filing 17
RESPONSE in Opposition re #15 Partial MOTION to Dismiss Without Prejudice as to Claims 2, 3, and 4 Only filed by Ermelinda Baca, Leo Paul Balderamos, Melissa Barbara, Jolynn Galvin, Charles Schumacher, Burrell Tucker, David Warren, III. (Lueras, Taylor)
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Filing 16
RESPONSE in Opposition re #9 MOTION to Dismiss filed by William C Gardner. (Attachments: #1 Exhibit Exhibit 1 11-26-19 Board Decision, #2 Exhibit Exhibit 2 12-19-19 State Court Order, #3 Exhibit Exhibit 3 07-07-20 State Court Order, #4 Exhibit Exhibit 4 01-26-21 State Court Claim) (Boyle, Gary)
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Filing 15
Partial MOTION to Dismiss Without Prejudice as to Claims 2, 3, and 4 Only by William C Gardner. (Boyle, Gary)
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Filing 14
NOTICE of Extension of Time to File Response/Reply as to #9 MOTION to Dismiss Notice of Extension by William C Gardner. (Boyle, Gary) Modified text and terminated motion per chambers on 4/3/2023 (jn).
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Filing 13
PLEASE TAKE NOTICE that this case has been reassigned to Magistrate Judge Damian L. Martinez as the pretrial 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.] (am)
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Filing 12
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. 8. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
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Filing 11
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 Dismiss #9 , the Court hereby vacates the scheduling conference set for June 6, 2023 and deadlines set in the Initial Scheduling Order #7 . 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 Dismiss is resolved. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc)
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Filing 10
PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Margaret I. Strickland 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 Jerry H. Ritter no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
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Filing 9
MOTION to Dismiss by Ermelinda Baca, Leo Paul Balderamos, Melissa Barbara, Jolynn Galvin, Charles Schumacher, Burrell Tucker, David Warren, III. (Lueras, Taylor)
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Filing 7
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 11:00 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 7, 2023. (atc)
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Filing 6
ANSWER to Complaint (Notice of Removal) by Ermelinda Baca, Leo Paul Balderamos, Melissa Barbara, Jolynn Galvin, Charles Schumacher, Burrell Tucker, David Warren, III. (Lueras, Taylor)
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Filing 5
ORDER Setting Deadline to Consent to Presiding Magistrate by Magistrate Judge Jerry H. Ritter. 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 Monday, March 20, 2023 (3/20/2023). The parties are free to withhold consent. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sjl)
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Filing 4
RESPONSE to Plaintiff's Motion for Temporary Restraining Order re #2 Notice (Other) filed by Ermelinda Baca, Leo Paul Balderamos, Melissa Barbara, Jolynn Galvin, Charles Schumacher, Burrell Tucker, David Warren, III. (Lueras, Taylor)
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Filing 3
PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Jerry H. Ritter 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 2
NOTICE by Ermelinda Baca, Leo Paul Balderamos, Melissa Barbara, Jolynn Galvin, Charles Schumacher, Burrell Tucker, David Warren, III of Filing State Court Record (Attachments: #1 Exhibit) (Lueras, Taylor)
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Filing 1
NOTICE OF REMOVAL by Jolynn Galvin, David Warren, III, Ermelinda Baca, Charles Schumacher, Melissa Barbara, Burrell Tucker, Leo Paul Balderamos from Fifth Judicial District Court, case number D-503-CV-2023-00055. ( Filing Fee - Online Payment), filed by Jolynn Galvin, David Warren, III, Ermelinda Baca, Charles Schumacher, Melissa Barbara, Burrell Tucker, Leo Paul Balderamos. (Attachments: #1 Exhibit, #2 Exhibit)(Lueras, Taylor)
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Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8715754 re #1 Notice of Removal, filed by David Warren, III, Melissa Barbara, Jolynn Galvin, Leo Paul Balderamos, Burrell Tucker, Ermelinda Baca, Charles Schumacher (Payment made via Pay.gov)(Lueras, Taylor)
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United States Magistrate Judge Jerry H. Ritter and United States Magistrate Judge Kevin R. Sweazea assigned. (jg)
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