Thompson v. Smith's Food & Drug Centers, Inc.
Plaintiff: Carla Thompson
Defendant: Smith's Food & Drug Centers, Inc.
Case Number: 1:2023cv00560
Filed: July 3, 2023
Court: US District Court for the District of New Mexico
Presiding Judge: James O Browning
Referring Judge: Kirtan Khalsa
2 Judge: Damian L Martinez
Nature of Suit: Personal Injury: Other
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Personal Injury
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 30, 2023 Opinion or Order Filing 15 ORDER SETTING RULE 16 SETTLEMENT CONFERENCE by Magistrate Judge Kirtan Khalsa. Plaintiff's demand letter due October 24 2023; Defendant's counteroffer letter due November 3, 2023; Parties' confidential position statements due November 7, 2023; Telephonic Pre-settlement Conference before Judge Khalsa set for November 14, 2023, at 10:30 a.m. (Counsel are to call Judge Khalsa's AT&T conference line at (877) 848-7030 and enter the code 7324132 to connect to the proceedings); Settlement Conference before Judge Khalsa set for November 21, 2023, at 9:30 a.m. MT via Zoom Video Conference. (nlb)
August 30, 2023 Opinion or Order Filing 14 ORDER ADOPTING JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN WITH CHANGES AND SETTING CASE MANAGEMENT DEADLINES by Magistrate Judge Kirtan Khalsa. Plaintiff to seek leave to join and amend by October 30, 2023. Defendant to seek leave to join and amend by November 13, 2023. Plaintiff's expert disclosures due by January 5, 2024. Defendant's expert disclosures due by February 5, 2024. Discovery due by March 19, 2024. Discovery motions due by April 8, 2024. Pretrial motions due by April 18, 2024. Proposed Pretrial Order due from Plaintiff to Defendant by July 17, 2024 and from Defendant to the Court by July 31, 2024. (nlb)
August 30, 2023 Filing 13 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge James O. Browning 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 Damian L. Martinez no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
August 25, 2023 Filing 11 CERTIFICATE OF SERVICE by Carla Thompson COS - RFP1 INT1 - Plt to Smiths - Thompson (Scholl, Andrew)
August 24, 2023 Filing 12 Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Scheduling Conference held on 8/24/2023. (nlb)
August 18, 2023 Filing 10 NOTICE OF IMPENDING REASSIGNMENT: 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. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.](im)
August 18, 2023 Filing 9 CERTIFICATE OF SERVICE by Smith's Food & Drug Centers, Inc. First Supplemental Initial Disclosures (Barrett, James)
August 4, 2023 Filing 8 CERTIFICATE OF SERVICE by Smith's Food & Drug Centers, Inc. Defendant's Initial Disclosures (Barrett, James)
August 4, 2023 Filing 7 Joint Status Report and Provisional Discovery Plan by Smith's Food & Drug Centers, Inc. (Barrett, James)
August 4, 2023 Filing 6 CERTIFICATE OF SERVICE by Carla Thompson COS - Ps Initial Disclosures - Thompson (Scholl, Andrew)
July 5, 2023 Opinion or Order Filing 5 INITIAL SCHEDULING ORDER by Magistrate Judge Kirtan Khalsa. Counsel are to meet and confer by 8/3/2023. The parties' Joint Status Report and Provisional Discovery Plan is due by 8/14/2023. A Telephonic Rule 16 Initial Scheduling Conference is set for 8/24/2023 at 09:30 AM before Judge Khalsa. Counsel are to call the Court's AT&T conference line at (877) 848-7030 and enter the code 7324132 to connect to the proceedings. 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 8/18/2023. (kmt)
July 3, 2023 Filing 4 ANSWER to Complaint (Notice of Removal) for Negligence and Negligence Per Se by Smith's Food & Drug Centers, Inc.. (Barrett, James)
July 3, 2023 Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Damian L. Martinez 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)
July 3, 2023 Filing 2 Corporate Disclosure Statement by Smith's Food & Drug Centers, Inc. (Barrett, James)
July 3, 2023 Filing 1 NOTICE OF REMOVAL by Smith's Food & Drug Centers, Inc. from Second Judicial District Court, case number D 202 CV 2023-04428. ( Filing Fee - Online Payment), filed by Smith's Food & Drug Centers, Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exh A Complaint, #3 Exhibit Exh B Summons, #4 Exhibit Exh C Ct Annexed Arb Cert, #5 Exhibit Exh D Court Docket Sheet, #6 Exhibit Exh E Return Summons)(Barrett, James)
July 3, 2023 Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8899192 re #1 Notice of Removal, filed by Smith's Food & Drug Centers, Inc. (Payment made via Pay.gov)(Barrett, James)
July 3, 2023 United States Magistrate Judge Damian L. Martinez and United States Magistrate Judge Kirtan Khalsa assigned. (jg)

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Plaintiff: Carla Thompson
Represented By: Andrew D. Scholl
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Defendant: Smith's Food & Drug Centers, Inc.
Represented By: James D. McAlister
Represented By: Tarra Leigh Hoden
Represented By: James P Barrett
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