Gabaldon v. The Town of Mountainair et al
Plaintiff: Roy Gabaldon
Defendant: The Town of Mountainair, Peter Nieto and Juan De Reyes
Case Number: 1:2023cv00481
Filed: June 2, 2023
Court: US District Court for the District of New Mexico
Presiding Judge: Laura Fashing
Referring Judge: John F Robbenhaar
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 July 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 28, 2023 Opinion or Order Filing 20 ORDER SETTING SETTLEMENT CONFERENCE by Magistrate Judge Laura Fashing. Settlement Conference set for 11/1/2023 at 09:00 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. (lj)
July 25, 2023 Opinion or Order Filing 19 SCHEDULING ORDER by Magistrate Judge Laura Fashing. Amended Pleadings due by 8/21/2023. Discovery due by 1/15/2024. Motions due by 3/1/2024. (lj)
July 25, 2023 Filing 18 Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Scheduling Conference held on 7/25/2023. (lj)
July 21, 2023 Filing 17 NOTICE by Roy Gabaldon Plaintiff's Initial Disclosures (Dixon, Eric)
July 20, 2023 Filing 16 CERTIFICATE OF SERVICE by Peter Nieto, The Town of Mountainair Certificate of Service - Defendants Town of Mountainair & Nieto's Initial Disclosures (Ortiz, Tony)
July 20, 2023 Filing 15 CERTIFICATE OF SERVICE by Juan De Reyes Rule 26 Initial Disclosures (Delfin, Jade)
July 17, 2023 Filing 14 Joint Status Report by Juan De Reyes, Peter Nieto, The Town of Mountainair (Delfin, Jade)
June 30, 2023 Opinion or Order Filing 13 AMENDED INITIAL SCHEDULING ORDER by Magistrate Judge Laura Fashing (amended as to the date only). Rule 16 Initial Scheduling Conference set for 7/25/2023 at 02:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. Joint Status Report and Provisional Discovery Plan due by 7/18/2023. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cda)
June 29, 2023 Filing 12 NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 10 Consent to Proceed Before a U.S. Magistrate Judge, filed by Peter Nieto, The Town of Mountainair, 11 Consent to Proceed Before a U.S. Magistrate Judge, filed by Juan De Reyes, 9 Consent to Proceed Before a U.S. Magistrate Judge, filed by Roy Gabaldon. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc)
June 28, 2023 Filing 11 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Juan De Reyes voluntarily consent(s) to have United States Magistrate Judge John F. Robbenhaar conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Delfin, Jade)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
June 28, 2023 Filing 10 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Peter Nieto, The Town of Mountainair voluntarily consent(s) to have United States Magistrate Judge John F. Robbenhaar conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Ortiz, Tony)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
June 28, 2023 Filing 9 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Roy Gabaldon voluntarily consent(s) to have United States Magistrate Judge John F. Robbenhaar conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Dixon, Eric)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
June 27, 2023 Filing 8 REMINDER 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 July 3, 2023, 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. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (kc)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
June 15, 2023 Filing 7 ANSWER to Complaint (Notice of Removal) by Juan De Reyes. (Delfin, Jade)
June 13, 2023 Filing 6 NOTICE of Appearance by Tony F Ortiz on behalf of Peter Nieto, The Town of Mountainair (Ortiz, Tony)
June 12, 2023 Opinion or Order Filing 5 INITIAL SCHEDULING ORDER by Magistrate Judge Laura Fashing. Rule 16 Initial Scheduling Conference set for 7/24/2023 at 02:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. Joint Status Report and Provisional Discovery Plan due by 7/17/2023. 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 7/3/2023. (lj)
June 9, 2023 Filing 4 Defendants Town of Mountainair and Peter Nieto's Answer to Plaintiff's Complaint Under the New Mexico Tort Claim Act, the New Mexico Civil Rights Act and 42.U.S.C. Section 1983 ANSWER to Complaint (Notice of Removal) by Peter Nieto, The Town of Mountainair. (Zamora, Eugene)
June 2, 2023 Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge John F. Robbenhaar 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.] (dr)
June 2, 2023 Filing 2 NOTICE of Appearance by Jade Delfin on behalf of Juan De Reyes (Delfin, Jade)
June 2, 2023 Filing 1 NOTICE OF REMOVAL by Juan De Reyes from Seventh Judicial District Court, case number D-722-CV-2023-00068. ( Filing Fee - Online Payment), filed by Juan De Reyes. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Delfin, Jade)
June 2, 2023 Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8853714 re #1 Notice of Removal, filed by Juan De Reyes (Payment made via Pay.gov)(Delfin, Jade)
June 2, 2023 United States Magistrate Judge John F. Robbenhaar and United States Magistrate Judge Laura Fashing assigned. (dr)

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Search for this case: Gabaldon v. The Town of Mountainair et al
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Plaintiff: Roy Gabaldon
Represented By: Eric D Dixon
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Defendant: The Town of Mountainair
Represented By: Tony F Ortiz
Represented By: Eugene I. Zamora
Represented By: Jessica R. Terrazas
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Defendant: Peter Nieto
Represented By: Jessica R. Terrazas
Represented By: Eugene I. Zamora
Represented By: Tony F Ortiz
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Defendant: Juan De Reyes
Represented By: Bryan C Garcia
Represented By: Jade Delfin
Represented By: Rodney Gabaldon
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