Ham v. CarMax Auto Superstores, Inc. et al
Plaintiff: Luke Ham
Defendant: CarMax Auto Superstores, Inc., Safeco Insurance Company of America and CarMax Auto Superstores, Inc. doing business as CarMax
Case Number: 1:2023cv01057
Filed: November 27, 2023
Court: US District Court for the District of New Mexico
Presiding Judge: John F Robbenhaar
Referring Judge: David H Urias
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1441 Petition For Removal--Other Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 9, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 9, 2024 Filing 19 NOTICE of Briefing Complete by CarMax Auto Superstores, Inc., Safeco Insurance Company of America re #9 MOTION to Stay Litigation and MOTION to Compel Arbitration filed by CarMax Auto Superstores, Inc., Safeco Insurance Company of America (Serafimova, Olga)
January 9, 2024 Filing 18 REPLY to Response to Motion re #9 MOTION to Stay Litigation and MOTION to Compel Arbitration Defendants' Reply in Further Support of Their Motion to Stay Litigation and Compel Arbitration filed by CarMax Auto Superstores, Inc., Safeco Insurance Company of America. (Attachments: #1 Exhibit A) (Serafimova, Olga)
January 4, 2024 Filing 17 NOTICE of Briefing Complete by Luke Ham re #7 MOTION to Remand to State Court filed by Luke Ham (Bradley, Joshua)
December 28, 2023 Filing 16 NOTICE by CarMax Auto Superstores, Inc., Safeco Insurance Company of America re #9 MOTION to Stay Litigation and MOTION to Compel Arbitration - Defendants' Notice of Extension of Time to File a Reply in Support of Their Motion to Compel Arbitration (Serafimova, Olga)
December 27, 2023 Filing 15 REPLY to Response to Motion re #7 MOTION to Remand to State Court filed by Luke Ham. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Bradley, Joshua)
December 26, 2023 Filing 14 NOTICE by CarMax Auto Superstores, Inc. re #1 Notice of Removal, Supplement to State Court Record / Notice of Removal (Anderson, John)
December 20, 2023 Filing 13 PLEASE TAKE NOTICE that this case has been reassigned to District Judge David H. Urias 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. Magistrate Judge Laura Fashing no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
December 18, 2023 Filing 12 RESPONSE in Opposition re #9 MOTION to Stay Litigation and MOTION to Compel Arbitration filed by Luke Ham. (Bradley, Joshua)
December 15, 2023 Filing 11 RESPONSE in Opposition re #7 MOTION to Remand to State Court filed by CarMax Auto Superstores, Inc.. (Serafimova, Olga)
December 15, 2023 Filing 10 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 4 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. (lj)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
December 4, 2023 Filing 9 MOTION to Stay Litigation and, MOTION to Compel Arbitration by CarMax Auto Superstores, Inc., Safeco Insurance Company of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Anderson, John)
December 4, 2023 Opinion or Order Filing 8 ORDER FINDING GOOD CAUSE TO DELAY SCHEDULING ORDER by Magistrate Judge John F. Robbenhaar. All instructions, deadlines and hearings in the Initial Scheduling Order are VACATED. (kc)
December 1, 2023 Filing 7 MOTION to Remand to State Court by Luke Ham. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Bradley, Joshua)
November 29, 2023 Filing 6 Corporate Disclosure Statement by Safeco Insurance Company of America identifying Corporate Parent Safeco Corporation for Safeco Insurance Company of America. (Anderson, John)
November 29, 2023 Filing 5 Corporate Disclosure Statement by CarMax Auto Superstores, Inc. identifying Corporate Parent CarMax, Inc. for CarMax Auto Superstores, Inc.. (Anderson, John)
November 28, 2023 Opinion or Order Filing 4 INITIAL SCHEDULING ORDER: by Magistrate Judge John F. Robbenhaar. Joint Status Report due by 1/3/2024. Telephone Scheduling Conference set for 1/11/2024 at 03:30 PM 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. 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 12/19/2023. (kc)
November 28, 2023 Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Laura Fashing 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)
November 28, 2023 United States Magistrate Judge Laura Fashing and United States Magistrate Judge John F. Robbenhaar assigned. (dr)
November 27, 2023 Filing 2 NOTICE by Safeco Insurance Company of America re #1 Notice of Removal, (Anderson, John)
November 27, 2023 Filing 1 NOTICE OF REMOVAL by CarMax Auto Superstores, Inc. from Second Judicial District Court, case number D-202-CV-2023-6939. ( Filing Fee - Online Payment), filed by CarMax Auto Superstores, Inc.. (Attachments: #1 Exhibit 2-C, #2 Exhibit 2-B, #3 Exhibit 2-A, #4 Appendix 1, #5 Appendix 2, #6 Civil Cover Sheet)(Anderson, John)
November 27, 2023 Filing and Administrative Fees Received: $ 402 receipt number ANMDC-9108003 re #1 Notice of Removal, filed by CarMax Auto Superstores, Inc. (Payment made via Pay.gov)(Anderson, John)

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Plaintiff: Luke Ham
Represented By: Joshua Bradley
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Defendant: CarMax Auto Superstores, Inc.
Represented By: John C. Anderson
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Defendant: Safeco Insurance Company of America
Represented By: John C. Anderson
Represented By: Olga Serafimova
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Defendant: CarMax Auto Superstores, Inc. doing business as CarMax
Represented By: John C. Anderson
Represented By: Olga Serafimova
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