Duran v. City of Albuquerque et al
| Fred Duran |
| City of Albuquerque, Albuquerque Police Department, Harold Medina and Whitney Burton |
| 1:2023cv01113 |
| December 18, 2023 |
| US District Court for the District of New Mexico |
| John F Robbenhaar |
| Jennifer M Rozzoni |
| Labor: Labor/Mgt. Relations |
| 28 U.S.C. § 1441 Petition for Removal- Labor/Mgmnt. Relations |
| Defendant |
Docket Report
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This docket was last retrieved on January 23, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 NOTICE of Briefing Complete by All Defendants re #9 MOTION to Dismiss Plaintiff's Complaint for Damages Arising from Wrongful Discharge, Improper Employment Practices, Constitutional Violations, and Breach of Contract in Lieu of Answer filed by Whitney Burton, City of Albuquerque, Harold Medina, Albuquerque Police Department (Gammill, Victoria) |
| Filing 16 REPLY to Response to Motion re #9 MOTION to Dismiss Plaintiff's Complaint for Damages Arising from Wrongful Discharge, Improper Employment Practices, Constitutional Violations, and Breach of Contract in Lieu of Answer Reply Brief in Support of Defendant's Motion to Dismiss Plaintiff's Complaint filed by Albuquerque Police Department, Whitney Burton, City of Albuquerque, Harold Medina. (Gammill, Victoria) |
| Filing 15 RESPONSE in Opposition re #9 MOTION to Dismiss Plaintiff's Complaint for Damages Arising from Wrongful Discharge, Improper Employment Practices, Constitutional Violations, and Breach of Contract in Lieu of Answer Response in Opposition to Motion to Dismiss filed by Fred Duran. (Nelson, Amelia) |
| Filing 14 NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 12 Consent to Proceed Before a U.S. Magistrate Judge, filed by Fred Duran, 13 Consent to Proceed Before a U.S. Magistrate Judge, filed by Whitney Burton, City of Albuquerque, Harold Medina, Albuquerque Police Department. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc) |
| Filing 13 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, Whitney Burton, City of Albuquerque, Harold Medina voluntarily consent(s) to have United States Magistrate Judge John F. Robbenhaar conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Gonzalez, Catherine)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 12 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Fred Duran voluntarily consent(s) to have United States Magistrate Judge John F. Robbenhaar conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Nelson, Amelia)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 11
ORDER by Magistrate Judge Jennifer M. Rozzoni. As defendants have filed a motion to dismiss (Doc. 9), the Rule 16 Scheduling Conference currently set for January 30, 2024, at 9:30 a.m. and the corresponding Initial Scheduling Order (Doc. 6) are hereby VACATED. Pursuant to Fed. R. Civ. P. 16 (b)(2), the Court finds good cause to delay entering a scheduling order until the motion to dismiss is decided. The 1/8/2024 deadline to file a notice of consent or non-consent to a proceed before the trial Magistrate Judge remains the same. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kms)
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| Filing 10 DEMAND for Trial by Jury by Albuquerque Police Department, Whitney Burton, City of Albuquerque, Harold Medina (Gammill, Victoria) |
| Filing 9 MOTION to Dismiss Plaintiff's Complaint for Damages Arising from Wrongful Discharge, Improper Employment Practices, Constitutional Violations, and Breach of Contract in Lieu of Answer by Albuquerque Police Department, Whitney Burton, City of Albuquerque, Harold Medina. (Attachments: #1 Exhibit A - Final Memorandum Opinion and Order, #2 Exhibit B - Hearing Officer Finding of Fact and Conclusions of Law, #3 Exhibit C - Statement of Appellate Issues) (Gammill, Victoria) |
| Filing 8 NOTICE of Appearance by Catherine M Gonzalez on behalf of All Defendants (Gonzalez, Catherine) |
| Filing 7 NOTICE of Appearance by Victoria Amber Gammill on behalf of All Defendants (Gammill, Victoria) |
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Filing 6
INITIAL SCHEDULING ORDER: by Magistrate Judge Jennifer M. Rozzoni. Rule 16(c) Hearing set for 1/30/2024 at 09:30 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. Joint Status Report and Provisional Discovery Plan due by 1/23/2024. 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 1/8/2024. (kms)
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| Filing 5 Transmittal of State Court Documents Notice of Filing of State Court Record by City of Albuquerque (Attachments: #1 Exhibit A - Certified State Court Record) (Gammill, Victoria) |
| Filing 4 NOTICE by Albuquerque Police Department, Whitney Burton, City of Albuquerque, Harold Medina re #1 Notice of Removal, Consent to Removal - City Defendants (Gammill, Victoria) |
| Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge John F. Robbenhaar 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) |
| Filing 2 Filing fee: $ 405, receipt number 1003765 (bp)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 1 NOTICE OF REMOVAL by City of Albuquerque from State of New Mexico Second Judicial District Court, case number D-202-CV-2023-05705. ( Filing Fee - Deliver Payment), filed by City of Albuquerque. (Attachments: #1 Exhibit Exhibit A - Docket Sheet, #2 Exhibit Exhibit B - Complaint for Damages, #3 Exhibit Exhibit C - Other State Court Documents, #4 Civil Cover Sheet Civil Cover Sheet, #5 Supplement Civil Cover Sheet Attachment)(Gammill, Victoria) |
| United States Magistrate Judge John F. Robbenhaar and United States Magistrate Judge Jennifer M. Rozzoni assigned. (jg) |
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