Cataldo v. City of Albuquerque et al
| Jacklyn J Cataldo |
| Herold Madina, City of Albuquerque, Parks and Recreation Department, Forestry Division of the Parks and Recreation Department, Albuquerque Police Department, FNU Simmons, FNU O'Neil, Harold Medina, FNU Evans, John Doe 1, John Does 2-8, John Does 9-33 and John Does 34-58 |
| 1:2023cv00820 |
| September 22, 2023 |
| US District Court for the District of New Mexico |
| Gregory J Fouratt |
| Jerry H Ritter |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on November 7, 2023. A more recent docket listing may be available from PACER.
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| 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), Albuquerque Police Department, City of Albuquerque, FNU Evans, Forestry Division of the Parks and Recreation Department, Herold Madina, FNU O'Neil, Parks and Recreation Department, FNU Simmons voluntarily consent(s) to have United States Magistrate Judge Jerry H. Ritter conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Wright, Ashlee)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 10
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 November 17, 2023. The parties are free to withhold consent. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ama)
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Filing 9
ORDER FINDING GOOD CAUSE TO DELAY ENTERING A SCHEDULING ORDER by Magistrate Judge Gregory J. Fouratt. In light of the pending #8 Motion to Dismiss, the Court hereby finds good cause under Fed. R. Civ. P. 16 to delay holding a scheduling conference and entering a scheduling order. In the event the presiding judge denies the motion, the Court will set the matter for scheduling. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (am)
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| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Albuquerque Police Department, City of Albuquerque, FNU Evans, Forestry Division of the Parks and Recreation Department, Herold Madina, FNU O'Neil, Parks and Recreation Department, FNU Simmons. (Wright, Ashlee) |
| Filing 7 NOTICE by Albuquerque Police Department, City of Albuquerque, FNU Evans, Forestry Division of the Parks and Recreation Department, Herold Madina, FNU O'Neil, Parks and Recreation Department, FNU Simmons Second Notice of Agreed Upon Extension (Wright, Ashlee) |
| Filing 6 NOTICE by Albuquerque Police Department, City of Albuquerque, FNU Evans, Forestry Division of the Parks and Recreation Department, Herold Madina, FNU O'Neil, Parks and Recreation Department, FNU Simmons Notice of Agreed Upon Extension (Wright, Ashlee) |
| Filing 5 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.] (bc) |
| Filing 4 Filing fee: $ 402, receipt number 1003120 (bp)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified on 9/22/2023 to correct amount (bp). |
| Filing 3 NOTICE by Albuquerque Police Department, City of Albuquerque, Forestry Division of the Parks and Recreation Department, Herold Madina, Chief of Police of the Albuquerque Police Department, ex rel Parks and Recreation Department, xxxx Evans, Police Service Assistant Officer of the Albuquerque Police Department, xxxx O'Neil, Director of the Forestry Division of the Parks and Recreation Department, xxxx Simons, Director of the Parks and Recreation Department Notice of Consent to Removal (Wright, Ashlee) |
| Filing 2 Transmittal of State Court Documents by Albuquerque Police Department, City of Albuquerque, Forestry Division of the Parks and Recreation Department, Herold Madina, Chief of Police of the Albuquerque Police Department, ex rel Parks and Recreation Department, xxxx Evans, Police Service Assistant Officer of the Albuquerque Police Department, xxxx O'Neil, Director of the Forestry Division of the Parks and Recreation Department, xxxx Simons, Director of the Parks and Recreation Department (Attachments: #1 Exhibit) (Wright, Ashlee) |
| Filing 1 NOTICE OF REMOVAL by xxxx O'Neil, Director of the Forestry Division of the Parks and Recreation Department, City of Albuquerque, xxxx Simons, Director of the Parks and Recreation Department, ex rel Parks and Recreation Department, xxxx Evans, Police Service Assistant Officer of the Albuquerque Police Department, Herold Madina, Chief of Police of the Albuquerque Police Department, Forestry Division of the Parks and Recreation Department, Albuquerque Police Department from State of New Mexico Second Judicial District Court, case number D-202-CV-2023-06690. ( Filing Fee - Deliver Payment), filed by xxxx O'Neil, Director of the Forestry Division of the Parks and Recreation Department, City of Albuquerque, xxxx Simons, Director of the Parks and Recreation Department, ex rel Parks and Recreation Department, xxxx Evans, Police Service Assistant Officer of the Albuquerque Police Department, Herold Madina, Chief of Police of the Albuquerque Police Department, Forestry Division of the Parks and Recreation Department, Albuquerque Police Department. (Attachments: #1 Exhibit Exhibit A-Docket, #2 Exhibit Exhibit B-Complaint, #3 Exhibit Exhibit C-all other State Court Documents, #4 Civil Cover Sheet)(Wright, Ashlee) |
| United States Magistrate Judge Jerry H. Ritter and United States Magistrate Judge Gregory J. Fouratt assigned. (bc) |
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