Miller v. Safeco Insurance Company of America, et al
Plaintiff: Dustin Miller
Defendant: Safeco Insurance Company of America, Katisha April Martinez and John Does 1-2
Case Number: 1:2023cv00930
Filed: October 20, 2023
Court: US District Court for the District of New Mexico
Presiding Judge: Kenneth J Gonzales
Referring Judge: John F Robbenhaar
2 Judge: Gregory B Wormuth
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Contract Dispute
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 10, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 11, 2023 Opinion or Order Filing 17 NOTICE by Safeco Insurance Company of America re #16 Response to Motion, of Lodging (Headrick, Amy)
December 11, 2023 Opinion or Order Filing 16 RESPONSE to Motion re #11 Emergency MOTION to Remand For Improper Removal and Motion for Expedited Hearing on Removal filed by Safeco Insurance Company of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Headrick, Amy)
December 5, 2023 Opinion or Order Filing 15 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Kenneth J. Gonzales 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. Chief Magistrate Jud Gregory B. Wormuth no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
November 27, 2023 Opinion or Order Filing 14 ORDER by Magistrate Judge John F. Robbenhaar GRANTING #13 Stipulated Motion for Extension of Time to File Response. Response due by 12/11/2023. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ajp)
November 21, 2023 Opinion or Order Filing 13 Joint MOTION for Extension of Time to File Response/Reply as to #11 Emergency MOTION to Remand For Improper Removal and Motion for Expedited Hearing on Removal by Safeco Insurance Company of America. (Headrick, Amy)
November 17, 2023 Opinion or Order Filing 12 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 7 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. (kls) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
November 16, 2023 Opinion or Order Filing 11 Emergency MOTION to Remand For Improper Removal and Motion for Expedited Hearing on Removal by Dustin Miller. (Davis, Ben)
November 9, 2023 Opinion or Order 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), Safeco Insurance Company of America voluntarily consent(s) to have United States Chief Magistrate Judge Gregory B. Wormuth conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Headrick, Amy)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
November 9, 2023 Opinion or Order Filing 9 ORDER FINDING GOOD CAUSE TO DELAY SCHEDULING ORDER by Magistrate Judge John F. Robbenhaar. (kc)
November 8, 2023 Opinion or Order Filing 8 Joint MOTION to Vacate Current Scheduling Order by Dustin Miller. (Davis, Ben)
October 23, 2023 Opinion or Order Filing 7 INITIAL SCHEDULING ORDER: by Magistrate Judge John F. Robbenhaar. Telephone Scheduling Conference set for 12/4/2023 at 09:30 AM before Magistrate Judge John F. Robbenhaar. Counsel will call Judge Robbenhaar's AT&T Teleconference Line at (888) 363-4735, Access Code 2387395, to connect to the proceedings. Joint Status Report due by 11/24/2023. 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 11/13/2023. (ajp)
October 23, 2023 Opinion or Order Filing and Administrative Fees Received: $ 402 receipt number ANMDC-9059783 re #1 Notice of Removal, filed by SAFECO INSURANCE COMPANY OF AMERICA, a foreign insurance company, (Payment made via Pay.gov)(Headrick, Amy)
October 20, 2023 Opinion or Order Filing 6 Corporate Disclosure Statement by Safeco Insurance Company of America identifying Corporate Parent Liberty Mutual Group Inc., Other Affiliate SAFECO INSURANCE COMPANY OF AMERICA, a foreign insurance company, for Safeco Insurance Company of America. (Headrick, Amy)
October 20, 2023 Opinion or Order Filing 5 DEMAND for Trial by Jury by Safeco Insurance Company of America (Headrick, Amy)
October 20, 2023 Opinion or Order Filing 4 NOTICE of Appearance by Amy Elizabeth Headrick on behalf of Safeco Insurance Company of America (Headrick, Amy)
October 20, 2023 Opinion or Order Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Chief Magistrate Judge Gregory B. Wormuth 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)
October 20, 2023 Opinion or Order Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Chief Magistrate Judge Gregory B. Wormuth 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)
October 20, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL by SAFECO INSURANCE COMPANY OF AMERICA, a foreign insurance company, from SECOND JUDICIAL DISTRICT COURT, case number D-202-cv-2022-07661. ( Filing Fee - Online Payment), filed by SAFECO INSURANCE COMPANY OF AMERICA, a foreign insurance company,. (Attachments: #1 Exhibit A)(Headrick, Amy)
October 20, 2023 Opinion or Order Chief United States Magistrate Judge Gregory B. Wormuth and United States Magistrate Judge John F. Robbenhaar assigned. (jg)

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Plaintiff: Dustin Miller
Represented By: Ben G. Davis
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Defendant: Safeco Insurance Company of America
Represented By: K. Renee Gantert
Represented By: Leah R. Shover
Represented By: Shawn Stephen Cummings
Represented By: Amy Elizabeth Headrick
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Defendant: Katisha April Martinez
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Defendant: John Does 1-2
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