McClanahan v. Perikin Enterprises, LLC
| Kipp McClanahan |
| Perikin Enterprises, LLC |
| Dub-L-EE, LLC |
| 1:2024cv00109 |
| February 2, 2024 |
| US District Court for the District of New Mexico |
| Gregory J Fouratt |
| Margaret I Strickland |
| Personal Injury: Other |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on April 11, 2024. A more recent docket listing may be available from PACER.
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| Filing 33 RESPONSE in Opposition re #31 Opposed MOTION for Leave to File Sur-Reply to Plaintiff's Motion to Remand and for Attorneys' Fees and Costs filed by Kipp McClanahan. (Conaway, Joshua) |
| Filing 32 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: Nos. 6, 7 and 19. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) |
| Filing 31 Opposed MOTION for Leave to File Sur-Reply to Plaintiff's Motion to Remand and for Attorneys' Fees and Costs by Perikin Enterprises, LLC. (Attachments: #1 Exhibit, #2 Exhibit) (Riley, Mark) |
| Filing 30 ANSWER to #2 Answer to Complaint (Notice of Removal), Third Party Complaint by Dub-L-EE, LLC.(Vigil, Charles) |
| Filing 29 NOTICE by Perikin Enterprises, LLC re #16 Response in Opposition to Motion, #20 Reply to Response to Motion, #12 MOTION to Remand to State Court Request for Oral Argument (Riley, Mark) |
Filing 28
ORDER by District Judge Margaret I. Strickland GRANTING #27 Unopposed Motion for Extension of Deadline to File Answer to Third-Party Complaint. Third-Party Defendant DUB-L-EE, LLC shall have until and including March 15, 2024 to respond to the Third-Party Complaint. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gri)
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| Filing 27 Unopposed MOTION for Extension of Time to File Answer re #2 Answer to Complaint (Notice of Removal), Third Party Complaint, 24 Order,,,,,,, by Dub-L-EE, LLC. (Vigil, Charles) |
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Filing 26
ORDER by District Judge Margaret I. Strickland regarding telephonic contact with Chambers staff.On March 13, 2024, the Court issued an Amended Order observing that Third Party Defendant DUB-L-EE, LLC ("DUB-L-EE") has failed to timely respond to the Third Party Complaint, and instructing Third Party Plaintiff Perikin Enterprises LLC ("Perikin") to file a Motion for clerk's entry of default. ECF No. 25. Thereafter, counsel for Perikin and DUB-L-EE jointly telephoned the Undersigned Judge's Chambers, apparently to explain DUB-L-EE's failure to respond to the Third-Party Complaint. Calling chambers is not an appropriate way to respond to a Court order, request relief, explain a party's failure to comply with deadlines, or otherwise communicate with the Court. If the Parties wish to communicate something to the Court, they should do so on the record. If the Parties (or a Party) would like the Court to consider a further deadline extension, they may file an appropriate motion. If Perikin's claims against DUB-L-EE have been resolved, the Parties may file a Notice of Settlement, a Stipulation of Dismissal, or an appropriate motion. However, the Parties shall comply with the Federal Rules of Civil Procedure, the Local Rules of the District of New Mexico, and this Court's Orders.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gri)
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Filing 25
AMENDED ORDER by District Judge Margaret I. Strickland DIRECTING Perikin Enterprises, LLC to file a Motion for Clerk's Entry of Default.THIS MATTER is before the Court on a sua sponte review of the record. On January 16, 2024, Plaintiff Kipp McClanahan filed a Complaint in New Mexico state court against Defendant Perikin Enterprises, LLC ("Perikin"). ECF No. 1-1. On February 2, 2024, Perikin filed a Notice of Removal, ECF No. #1 , removing the case to this federal district court. The same day, Perikin filed an Answer and Third Party Complaint against Third-Party Defendant DUB-L-EE, LLC ("DUB-L-EE"). ECF No. #2 . On February 15, 2024, Perikin filed Proof of Service showing that DUB-L-EE was served on February 8, 2024. ECF No. #13 . Pursuant to Federal Rule of Civil Procedure 12(a)(1)(A)(i), DUB-L-EE had twenty-one days--until and including February 29, 2024--to respond to the Third-Party Complaint. On February 28, 2024, DUB-L-EE filed a "Notice of Extension of Time" stating that Perikin had consented to an extension of the deadline for DUB-L-EE to respond to the Third Amended Complaint, establishing a new response deadline of March 5, 2024. ECF No. #17 . To date, DUB-L-EE has not responded to the Third Party Complaint. Accordingly, it is HEREBY ORDERED that Third-Party Plaintiff Perikin Enterprises, LLC shall have until and including March 25, 2024 to file a Motion for clerk's entry of default. See Fed. R. Civ. P. 55(a). Failure to file a Motion for clerk's entry of default by the March 25, 2024 deadline may result in dismissal of the Third Party Complaint for failure to prosecute and/or comply with the Court's Orders.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gri)
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Filing 24
ORDER by District Judge Margaret I. Strickland DIRECTING Perikin Enterprises, LLC to file a Motion for Clerk's Entry of Default.THIS MATTER is before the Court on a sua sponte review of the record. On January 16, 2024, Plaintiff Kipp McClanahan filed a Complaint in New Mexico state court against Defendant Perikin Enterprises, LLC ("Perikin"). ECF No. 1-1. On February 2, 2024, Perikin filed a Notice of Removal, ECF No. #1 , removing the case to this federal district court. The same day, Perikin filed an Answer and Third Party Complaint against Third-Party Defendant DUB-L-EE, LLC ("DUB-L-EE"). ECF No. #2 . On February 15, 2024, Perikin filed Proof of Service showing that DUB-L-EE was served on February 8, 2024. ECF No. #13 . Pursuant to Federal Rule of Civil Procedure 12(a)(1)(A)(i), DUB-L-EE had twenty-one days--until and including February 29, 2024--to respond to the Third-Party Complaint. On February 28, 2024, DUB-L-EE filed a "Notice of Extension of Time" stating that Perikin had consented to an extension of the deadline for DUB-L-EE to respond to the Third Amended Complaint, establishing a new response deadline of March 5, 2024. ECF No. #17 . To date, DUB-L-EE has not responded to the Third Party Complaint. Accordingly, it is HEREBY ORDERED that Third-Party Plaintiff Perikin Enterprises, LLC shall have until and including March 25, 2024 to file a Motion for clerk's entry of default. See Fed. R. Civ. P. 55(a). Failure to file a Motion for clerk's entry of default by the March 25, 2014 deadline may result in dismissal of the Third Party Complaint for failure to prosecute and/or failure comply with the Court's Orders.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gri)
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Filing 23
ORDER VACATING INITIAL SCHEDULING ORDER AND FINDING GOOD CAUSE TO DELAY ENTERING A SCHEDULING ORDER by Magistrate Judge Gregory J. Fouratt. In light of the pending #12 Opposed Motion to Remand, the Court hereby vacates its #8 Initial Scheduling Order and all associated deadlines and finds good cause under Fed. R. Civ. P. 16 to delay entering a scheduling order. The Initial Scheduling Conference set for 3/28/2024, is also vacated. In the event the presiding judge denies the motion, the Court will set the matter for scheduling. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (am)
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| Filing 22 PLEASE TAKE NOTICE that this case has been randomly reassigned to United States District Judge Margaret I. Strickland 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.] (bc) |
| Filing 21 NOTICE of Briefing Complete by Kipp McClanahan re #12 MOTION to Remand to State Court filed by Kipp McClanahan (McCormack, Megan) |
| Filing 20 REPLY to Response to Motion re #12 MOTION to Remand to State Court filed by Kipp McClanahan. (McCormack, Megan) |
| Filing 18 NOTICE of Appearance by Jeffrey R. Taylor on behalf of Dub-L-EE, LLC (Taylor, Jeffrey) |
| Filing 17 MOTION for Extension of Time to File Answer re #13 Summons Returned Executed by Perikin Enterprises, LLC. (Riley, Mark) |
| Filing 16 RESPONSE in Opposition re #12 MOTION to Remand to State Court and for Attorneys' Fees and Costs filed by Perikin Enterprises, LLC. (Attachments: #1 Exhibit) (Riley, Mark) |
| Filing 15 NOTICE OF IMPENDING REASSIGNMENT: 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 7 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.] |
| Filing 14 NOTICE of Appearance by Charles J. Vigil on behalf of Dub-L-EE, LLC (Vigil, Charles) |
| Filing 13 SUMMONS Returned Executed by Perikin Enterprises, LLC. Dub-L-EE, LLC served on 2/8/2024, answer due 2/29/2024. (Larkin, Drew) Modified text on 2/16/2024 (eh). |
| Filing 12 MOTION to Remand to State Court by Kipp McClanahan. (McCormack, Megan) |
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Filing 10
ORDER GRANTING #9 Motion to Seal by Magistrate Judge Gregory J. Fouratt. Defendants may file the Exhibits identified in ECF 9 under seal. (mjm)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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| Filing 9 Unopposed MOTION to Seal by Perikin Enterprises, LLC. (Larkin, Drew) |
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Filing 8
INITIAL SCHEDULING ORDER: by Magistrate Judge Gregory J. Fouratt. Rule 16(c) Hearing set for 3/28/2024 at 01:15 PM. Joint Status Report due by 3/21/2024. 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 2/28/2024. (mjm)
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| Summons on Third Party Complaint Issued as to Dub-L-EE, LLC. (bc) |
| Filing 5 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.] (ng) |
| Filing 4 Corporate Disclosure Statement by Perikin Enterprises, LLC (Larkin, Drew) |
| Filing 3 DEMAND for Trial by Jury by Perikin Enterprises, LLC (Larkin, Drew) |
| Filing 2 ANSWER to Complaint (Notice of Removal) , THIRD PARTY COMPLAINT against Dub-L-EE, LLC by Perikin Enterprises, LLC. (Larkin, Drew) |
| Filing 1 NOTICE OF REMOVAL by Perikin Enterprises, LLC from Second Judicial District Court, case number D-202-CV-2024-00431. ( Filing Fee - Online Payment), filed by Perikin Enterprises, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Civil Cover Sheet)(Larkin, Drew) |
| Filing and Administrative Fees Received: $ 405 receipt number ANMDC-9203283 re #1 Notice of Removal, filed by Perikin Enterprises, LLC (Payment made via Pay.gov)(Larkin, Drew) |
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