Garcia et al v. BNSF Railway Comapny et al
| Pete Garcia, Letisha Garcia and Pete's Pro Truck & Auto Repair, LLC |
| BNSF Railway Comapny, Wendel Parker, Keary Walls, Theresa Chavez, Raymond Chavez, Mike Lee, Kassie Halle, David Miller, Jason Schon, Christopher Young and BNSF Railway Inc. |
| 1:2023cv01073 |
| December 1, 2023 |
| US District Court for the District of New Mexico |
| Kenneth J Gonzales |
| Kirtan Khalsa |
| Assault Libel & Slander |
| 28 U.S.C. § 1441 Petition for Removal Libel,Assault,Slander |
| Defendant |
Docket Report
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This docket was last retrieved on January 24, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 RESPONSE in Opposition re #21 MOTION to Remand filed by BNSF Railway Inc.. (Rodriguez, Justin) |
Filing 23
ORDER SETTING RULE 16 SETTLEMENT CONFERENCE by Magistrate Judge Kirtan Khalsa. Settlement Conference set for 4/3/2024 at 09:30 AM in Albuquerque - 440 Hondo Courtroom or via Zoom videoconferencing before Magistrate Judge Kirtan Khalsa. The Zoom ID and Passcode will be filed separately in a sealed Notice of Zoom Information. Status Conference set for 3/25/2024 at 04:30 PM in Albuquerque - Telephonic Conference before Magistrate Judge Kirtan Khalsa. Counsel are to call Judge Khalsas AT&T conference line at (877) 848-7030 and enter the code 7324132 to connect to the proceedings. Motions due by 3/20/2024. Plaintiffs demand letter due to Defendant by 3/8/2024. Defendants counteroffer letter due to Plaintiff by 3/19/2024. Parties confidential position statements due to the Court by 3/21/2024. (dr)
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| Filing 22 NOTICE by BNSF Railway Inc. re #21 MOTION to Remand Local Rule 7.4 Notice of Extension (Rodriguez, Justin) |
| Filing 21 MOTION to Remand by Letisha Garcia, Pete Garcia. (Domenici, Pete) |
| Filing 20 PLEASE TAKE NOTICE that this case has been randomly reassigned to United States 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.] (bc) |
| Filing 19 NOTICE of Briefing Complete by BNSF Railway Inc. re #10 MOTION to Dismiss Individual Defendants' Fed.R.Civ.P. 12(b)(5) Motion to Dismiss and Supporting Memorandum of Law filed by Theresa Chavez, Raymond Chavez, Keary Walls, Kassie Halle, Mike Lee, Jason Schon, David Miller, Wendel Parker, Christopher Young (Rodriguez, Justin) |
| Filing 18 NOTICE by BNSF Railway Inc. Local Rule 7.4 Notice of Extension (Rodriguez, Justin) |
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Filing 17
ORDER VACATING INITIAL SCHEDULING CONFERENCE AND FINDING GOOD CAUSE TO DELAY by Magistrate Judge Kirtan Khalsa. On the parties' joint request (Doc. 16), all pending hearings and deadlines set forth the Court's Initial Scheduling Order (Doc. 9), including the Telephonic Rule 16 Initial Scheduling Conference previously set for January 23, 2024, are VACATED. Pursuant to Federal Rule of Civil Procedure 16(b)(2), the Court FINDS good cause to delay entering a scheduling order at this time in light of Defendant BNSF Railway Inc.'s Fed. R. Civ. P. 12(b)(6) Motion to Dismiss (Doc. 8) and the Individual Defendants' Fed. R. Civ. P. 12(b)(5) Motion to Dismiss (Doc. 10). [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kmt) Modified on 12/27/2023 (dr).
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| Filing 15 RESPONSE to Motion re #10 MOTION to Dismiss Individual Defendants' Fed.R.Civ.P. 12(b)(5) Motion to Dismiss and Supporting Memorandum of Law filed by Letisha Garcia. (Griego, Michael) |
| Filing 14 WAIVER OF SERVICE Returned Executed by BNSF Railway Inc. as to BNSF Railway Inc.. (Rodriguez, Justin) |
| Filing 13 AMENDED COMPLAINT against All Defendants., filed by Pete Garcia. (Griego, Michael) |
| Filing 12 NOTICE by BNSF Railway Inc. Notice of Filing Records and Proceedings of State Court Action (Attachments: #1 Exhibit A) (Rodriguez, Justin) |
| Filing 11 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 21 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.] |
| Filing 10 MOTION to Dismiss Individual Defendants' Fed.R.Civ.P. 12(b)(5) Motion to Dismiss and Supporting Memorandum of Law by Raymond Chavez, Theresa Chavez, Kassie Halle, Mike Lee, David Miller, Wendel Parker, Jason Schon, Keary Walls, Christopher Young. (Rodriguez, Justin) |
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Filing 9
INITIAL SCHEDULING ORDER: by Magistrate Judge Kirtan Khalsa. Counsel and any pro se parties will meet and confer no later than Tuesday, January 2, 2024. Joint Status Report due by 1/12/2024. Rule 16(c) Hearing set for 1/23/2024 at 10:30 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Kirtan Khalsa. 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 1/16/2024. (bc)
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| Filing 8 MOTION to Dismiss and Supporting Memorandum of Law by BNSF Railway Inc.. (Rodriguez, Justin) |
| Filing 7 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.] (dr) |
| Filing 6 Corporate Disclosure Statement by BNSF Railway Comapny identifying Corporate Parent BNSF Railway Comapny for BNSF Railway Comapny. (Rodriguez, Justin) |
| Association Dues Received: $ 100 receipt number ANMDC-9117149 re: # 4 Association of Attorney Licensed Outside the District, filed by BNSF Railway Inc. (Payment made via Pay.gov)(Rodriguez, Justin) |
| United States Chief Magistrate Judge Gregory B. Wormuth and United States Magistrate Judge Kirtan Khalsa assigned. (dr) |
| Association Dues Received: $ 100 receipt number ANMDC-9117216 re: # 5 Association of Attorney Licensed Outside the District, filed by BNSF Railway Inc. (Payment made via Pay.gov)(Rodriguez, Justin) |
| Filing 5 ASSOCIATION of Attorney Licensed Outside the District for Defendant BNSF Railway Comapny by Justin D Rodriguez on behalf of: Dan Ball Bryan Cave Leighton Paisner LLP 211 North Broadway, Suite 3600St. Louis, Missouri 63102 3142592497 dhball@bclplaw.com (Association Dues - Online Payment) (Rodriguez, Justin)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 4 ASSOCIATION of Attorney Licensed Outside the District for Defendant BNSF Railway Comapny by Justin D Rodriguez on behalf of: Alicia R. Olszeski Bryan Cave Leighton Paisner LLP 211 North Broadway, Suite 3600St. Louis, Missouri 63102 314-259-2497 ali.olszeski@bclplaw.com (Association Dues - Online Payment) (Rodriguez, Justin)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 3 NOTICE by BNSF Railway Comapny Certificate of Good Standing (Rodriguez, Justin) |
| Filing 2 DEMAND for Trial by Jury by BNSF Railway Comapny (Rodriguez, Justin) |
| Filing 1 NOTICE OF REMOVAL by BNSF Railway Comapny from 13th Judicial District Court, case number D-1314-CV-2023-00969. ( Filing Fee - Online Payment), filed by BNSF Railway Comapny. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Civil Cover Sheet Civil Cover Sheet)(Rodriguez, Justin) |
| Filing and Administrative Fees Received: $ 405 receipt number ANMDC-9116693 re #1 Notice of Removal, filed by BNSF Railway Comapny (Payment made via Pay.gov)(Rodriguez, Justin) |
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