Safety Flare, Inc. v. Performance Contracting, Inc.
Plaintiff: Safety Flare, Inc.
Defendant: Performance Contracting, Inc.
Case Number: 1:2023cv00931
Filed: October 20, 2023
Court: US District Court for the District of New Mexico
Presiding Judge: Kirtan Khalsa
Referring Judge: Steven C Yarbrough
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 18, 2023 Opinion or Order Filing 15 ORDER by Magistrate Judge Steven C. Yarbrough setting a Settlement Conference for 04/23/2024 at 01:00 PM in Albuquerque - 440 Hondo Courtroom. Confidential letters to the Court due 04/12/2024. (cm)
December 13, 2023 Filing 14 CERTIFICATE OF SERVICE by Safety Flare, Inc. of Plaintiffs' Initial Disclosures to Defendant PCI (Kramer, David)
December 12, 2023 Filing 13 Clerk's Minutes for proceedings held before Magistrate Judge Steven C. Yarbrough: Scheduling Conference held on 12/12/2023. (cm)
December 12, 2023 Opinion or Order Filing 12 SCHEDULING ORDER by Magistrate Judge Steven C. Yarbrough. Discovery due by 06/13/2024. Discovery motions due by 07/05/2024. Pretrial motions due by 07/15/2024. (cm)
December 1, 2023 Filing 11 Joint Status Report and Provisional Discovery Plan by Performance Contracting, Inc. (Stambaugh, Melanie)
December 1, 2023 Filing 10 CERTIFICATE OF SERVICE by Performance Contracting, Inc. re: Defendant's Initial Disclosures and bates numbered documents PCI 00001-00039 (Stambaugh, Melanie)
November 20, 2023 Filing 9 NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 8 Consent to Proceed Before a U.S. Magistrate Judge, filed by Safety Flare, Inc., 7 Consent to Proceed Before a U.S. Magistrate Judge, filed by Performance Contracting, Inc.. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
November 18, 2023 Filing 8 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Safety Flare, Inc. voluntarily consent(s) to have United States Magistrate Judge Kirtan Khalsa conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Kramer, David)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
November 7, 2023 Filing 7 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Performance Contracting, Inc. voluntarily consent(s) to have United States Magistrate Judge Kirtan Khalsa conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Stambaugh, Melanie)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
October 31, 2023 Opinion or Order Filing 6 INITIAL SCHEDULING ORDER by Magistrate Judge Steven C. Yarbrough. Telephonic Scheduling Conference set for 12/12/2023 at 11:30 AM. Joint Status Report due by 12/01/2023. 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 11/21/2023. (cm)
October 30, 2023 Filing 5 Performance Contracting, Inc.'s ANSWER to Complaint (Notice of Removal) by Performance Contracting, Inc.. (Stambaugh, Melanie)
October 26, 2023 Filing 4 NOTICE by Performance Contracting, Inc. re #1 Notice of Removal,, re: Stipulation of Time to File Answer (Stambaugh, Melanie)
October 20, 2023 Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kirtan Khalsa 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 Filing 2 Corporate Disclosure Statement by Performance Contracting, Inc. identifying Corporate Parent Performance Contracting Group, Inc. for Performance Contracting, Inc.. (Stambaugh, Melanie)
October 20, 2023 Filing 1 NOTICE OF REMOVAL by Performance Contracting, Inc. from State of New Mexico, Second Judicial District Court, case number D-202-CV-2023-07036. ( Filing Fee - Online Payment), filed by Performance Contracting, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A: D-202-CV-2023-07036, State Court Pleadings, #3 Exhibit B: Articles of Incorporation, #4 Exhibit C: Certificate of Amendment to A of I, #5 Exhibit D: PCI Annual Report, #6 Exhibit E: Performance Contracting NM SOS, #7 Exhibit F: Notice of Filing Notice of Removal)(Stambaugh, Melanie)
October 20, 2023 Filing and Administrative Fees Received: $ 402 receipt number ANMDC-9058023 re #1 Notice of Removal,, filed by Performance Contracting, Inc. (Payment made via Pay.gov)(Stambaugh, Melanie)
October 20, 2023 United States Magistrate Judge Kirtan Khalsa and United States Magistrate Judge Steven C. Yarbrough assigned. (jg)

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Plaintiff: Safety Flare, Inc.
Represented By: David C Kramer
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Defendant: Performance Contracting, Inc.
Represented By: William G Gilchrist
Represented By: Melanie B Stambaugh
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