Jurkens v. Jurkens et al
| Jonah Jurkens |
| Joel Jurkens, Jill Jurkens, Jody Jurkens Gates, Brooke A. Penley, Bryn Jurkens Kern and ABC Trust of Alice Yarde Jurkens |
| 1:2024cv00008 |
| January 3, 2024 |
| US District Court for the District of New Mexico |
| Judith C Herrera |
| Jennifer M Rozzoni |
| Steven C Yarbrough |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 20, 2024. A more recent docket listing may be available from PACER.
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Filing 32
ORDER TO SHOW CAUSE by District Judge Judith C. Herrera regarding venue. Plaintiff's brief due no later than March 11, 2024; Defendants' brief due no later than March 25, 2024; Plaintiff's reply, if any, due no later than April 8, 2024. (baw)
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Filing 31
ORDER by Magistrate Judge Jennifer M. Rozzoni VACATING Rule 16 Initial Scheduling Conference set for 2/22/2024 at 9:30 a.m. The conference will be reset at a later date. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ccp)
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| Filing 30 Joint Status Report and Provisional Discovery Plan by Jonah Jurkens (Martin, W.) Modified on 2/16/2024 (cmm). |
| Filing 29 NOTICE by Jonah Jurkens Notice of Good Standing Regarding Gini L. Hendrickson (Attorney) (Martin, W.) |
| Association Dues Received: $ 100 receipt number ANMDC-9202020 re: # 28 Association of Attorney Licensed Outside the District, filed by Jonah Jurkens (Payment made via Pay.gov)(Martin, W.) |
| Filing 27 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Judith C. Herrera 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 Steven C. Yarbrough no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (eh) |
| Filing 26 NOTICE of Appearance by W. T. Martin, Jr on behalf of Jonah Jurkens (Martin, W.) |
| Filing 25 ANSWER to Complaint by ABC Trust of Alice Yarde Jurkens, Jill Jurkens, Joel Jurkens, Jody Jurkens Gates, Bryn Jurkens Kern, Brooke A. Penley. Related document: #1 Complaint, filed by Jonah Jurkens.(Farnam, Norman) Modified docket restriction on 1/17/2024 (am). |
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Filing 24
INITIAL SCHEDULING ORDER: by Magistrate Judge Jennifer M. Rozzoni. Rule 16(c) Hearing set for 2/22/2024 at 09:30 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. Joint Status Report and Provisional Discovery Plan due by 2/15/2024. 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 1/24/2024. (kms)
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| Filing 23 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Steven C. Yarbrough 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.] (bc) |
| Filing 22 Case transferred in from District of Wisconsin Western; Case Number 3:23-cv-00742. Original file certified copy of transfer order and docket sheet received. |
| United States Magistrate Judge Steven C. Yarbrough and United States Magistrate Judge Jennifer M. Rozzoni assigned. (bc) |
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Filing 21
** TEXT ONLY ORDER **This is a family dispute over a relative's estate. Defendants move to dismiss the case for lack of personal jurisdiction. Dkt. #9 . In response, plaintiff says that he filed the case in Wisconsin because he believed that a trust that is at the center of the lawsuit was administered in the state. But he does not dispute defendants' evidence that the trust is actually administered in New Mexico, and that none of the defendants have contacts with Wisconsin. As a result, plaintiff moves to transfer the case to the District of New Mexico. Dkt. #16 . Defendants do not oppose transfer to New Mexico, see Dkt. #20 , and this court has the authority to transfer a case to an appropriate district rather than dismiss it when the court does not have jurisdiction over the defendants. See Cote v. Wadel, 796 F.2d 981, 985 (7th Cir. 1986). Accordingly, plaintiff's motion is GRANTED, and the clerk of court is directed to transfer this case to the District of New Mexico. Defendants' motion to dismiss is DENIED. Signed by District Judge James D. Peterson on 1/02/2024. (nln) [Transferred from Wisconsin Western on 1/3/2024.]
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| Filing 20 Brief in Reply by Defendants ABC Trust of Alice Yarde Jurkens, Jill Jurkens, Joel Jurkens, Jody Jurkens Gates, Bryn Jurkens Kern, Brooke A. Penley in Support of #9 Motion to Dismiss, (Farnam, Norman) [Transferred from Wisconsin Western on 1/3/2024.] |
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Filing 19
** TEXT ONLY ORDER ** In light of the competing motions to dismiss (dkt. #9 ) and to transfer (dkt. #16 ), the January 3, 2024 telephonic preliminary pretrial conference is canceled. The court will reset this hearing if necessary after ruling on these motions. Signed by Magistrate Judge Stephen L. Crocker on 12/28/23. (jat) [Transferred from Wisconsin Western on 1/3/2024.]
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| Filing 18 Joint Preliminary Pretrial Conference Report by Defendants ABC Trust of Alice Yarde Jurkens, Jill Jurkens, Joel Jurkens, Jody Jurkens Gates, Bryn Jurkens Kern, Brooke A. Penley (Farnam, Norman) [Transferred from Wisconsin Western on 1/3/2024.] |
| *** Set Tickler: TPTC need to be reset? Activity by 2/28/2024 (jat) [Transferred from Wisconsin Western on 1/3/2024.] |
| Filing 17 Brief in Support of #16 Motion to Transfer, by Plaintiff Jonah Jurkens (Hendrickson, Gini) [Transferred from Wisconsin Western on 1/3/2024.] |
| Filing 16 MOTION TO TRANSFER to District of New Mexico by Plaintiff Jonah Jurkens. Brief in Opposition due 1/11/2024. Brief in Reply due 1/22/2024. (Attachments: #1 Text of Proposed Order) (Hendrickson, Gini) [Transferred from Wisconsin Western on 1/3/2024.] |
| Filing 15 Affidavit of Attorney Gini L. Hendrickson filed by Plaintiff Jonah Jurkens in Response re: #9 Motion to Dismiss. (Hendrickson, Gini) Modified on 12/19/2023. (lak) [Transferred from Wisconsin Western on 1/3/2024.] |
| Filing 14 Affidavit of Jonah Jurkens filed by Plaintiff Jonah Jurkens in Response re: #9 Motion to Dismiss. (Hendrickson, Gini) Modified on 12/19/2023. (lak) [Transferred from Wisconsin Western on 1/3/2024.] |
| Filing 13 Brief in Opposition by Plaintiff Jonah Jurkens re: #9 Motion to Dismiss, filed by Joel Jurkens, ABC Trust of Alice Yarde Jurkens, Bryn Jurkens Kern, Jody Jurkens Gates, Brooke A. Penley, Jill Jurkens. (Hendrickson, Gini) Modified on 12/19/2023: To be refiled as a Motion to Transfer. E-mail sent to counsel. (lak) [Transferred from Wisconsin Western on 1/3/2024.] |
| Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 1/3/2024 at 01:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (nln) [Transferred from Wisconsin Western on 1/3/2024.] |
| Filing 12 Notice by Defendants ABC Trust of Alice Yarde Jurkens, Jill Jurkens, Joel Jurkens, Jody Jurkens Gates, Bryn Jurkens Kern, Brooke A. Penley Rule 7.1 Disclosure Statement. (Farnam, Norman) [Transferred from Wisconsin Western on 1/3/2024.] |
| Filing 11 Declaration of Jill Jurkens filed by Defendants ABC Trust of Alice Yarde Jurkens, Jill Jurkens, Joel Jurkens, Jody Jurkens Gates, Bryn Jurkens Kern, Brooke A. Penley re: #9 Motion to Dismiss, (Attachments: #1 Exhibit A - excerpts of Alice Y. Jurkens Survivor's Trust, #2 Exhibit B - excepts of Jurkens Family Trust) (Farnam, Norman) Modified on 11/27/2023. (lak) [Transferred from Wisconsin Western on 1/3/2024.] |
| Filing 10 Brief in Support of #9 Motion to Dismiss, by Defendants ABC Trust of Alice Yarde Jurkens, Jill Jurkens, Joel Jurkens, Jody Jurkens Gates, Bryn Jurkens Kern, Brooke A. Penley (Farnam, Norman) [Transferred from Wisconsin Western on 1/3/2024.] |
| Filing 9 MOTION TO DISMISS by Defendants ABC Trust of Alice Yarde Jurkens, Jill Jurkens, Joel Jurkens, Jody Jurkens Gates, Bryn Jurkens Kern, Brooke A. Penley. Brief in Opposition due 12/18/2023. Brief in Reply due 12/28/2023. (Farnam, Norman) [Transferred from Wisconsin Western on 1/3/2024.] |
| Filing 8 Notice of Appearance filed by Norman David Farnam for Defendants ABC Trust of Alice Yarde Jurkens, Jill Jurkens, Joel Jurkens, Jody Jurkens Gates, Bryn Jurkens Kern, Brooke A. Penley. (Farnam, Norman) [Transferred from Wisconsin Western on 1/3/2024.] |
| ***Law Clerk: JMM flag added. (jmm) [Transferred from Wisconsin Western on 1/3/2024.] |
| Filing 7 Summons Issued. (lak) [Transferred from Wisconsin Western on 1/3/2024.] |
| Filing 6 Request for Issuance of Summons by Plaintiff Jonah Jurkens. (Hendrickson, Gini) [Transferred from Wisconsin Western on 1/3/2024.] |
| Filing 5 Request for Issuance of Summons by Plaintiff Jonah Jurkens. (Hendrickson, Gini) [Transferred from Wisconsin Western on 1/3/2024.] |
| Filing 4 Request for Issuance of Summons by Plaintiff Jonah Jurkens. (Hendrickson, Gini) [Transferred from Wisconsin Western on 1/3/2024.] |
| Filing 3 Request for Issuance of Summons by Plaintiff Jonah Jurkens. (Hendrickson, Gini) [Transferred from Wisconsin Western on 1/3/2024.] |
| Filing 2 Request for Issuance of Summons by Plaintiff Jonah Jurkens. (Hendrickson, Gini) [Transferred from Wisconsin Western on 1/3/2024.] |
| Filing 1 COMPLAINT against All Defendants. ( Filing fee $ 402 receipt number AWIWDC-3326373.), filed by Jonah Jurkens. (Hendrickson, Gini) (Additional attachment(s) added on 10/25/2023: #1 JS-44 Civil Cover Sheet) (nln). [Transferred from Wisconsin Western on 1/3/2024.] |
| Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (lak) [Transferred from Wisconsin Western on 1/3/2024.] |
| Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (lak) [Transferred from Wisconsin Western on 1/3/2024.] |
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