New Mexico Horsemen's Association v. Sunray Gaming of New Mexico, LLC
| New Mexico Horsemen's Association |
| Sunray Gaming of New Mexico, LLC doing business as Sunray Park & Casino |
| Downs at Albuquerque, Inc., dba The Downs Racetrack & Casino, All-American Ruidoso Downs, LLC, dba Ruidoso Downs Race Track and Casino and New Mexico Horsemens Association |
| Dr. Paul Jenson, DVM and Sean Alfortish |
| 1:2024cv00235 |
| March 7, 2024 |
| U.S. District Court for the District of New Mexico |
| Matthew L Garcia |
| Damian L Martinez |
| Other Statutory Actions |
| 28 U.S.C. § 2201 Injunction |
| None |
Docket Report
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This docket was last retrieved on March 5, 2025. A more recent docket listing may be available from PACER.
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Filing 41
RESPONSE in Opposition re #25 MOTION for Preliminary Injunctive Relief filed by Sean Alfortish, Paul Jenson, DVM, New Mexico Horsemen's Association, New Mexico Horsemens Association. (Attachments: #1 Exhibit Exhibit A - 9-5-23 = CV-2023-110 Order TRO, #2 Exhibit Exhibit B - 1 - Complaint 4-17-09, #3 Exhibit Exhibit C - 10 - Order Denying TRO 4-20-09, #4 Exhibit Exhibit D - Facebook Post, #5 Exhibit Exhibit E - Bloodhorse Article) (Mitchell, Gary)
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Filing 40
NOTICE by Sean Alfortish, Paul Jenson, DVM, New Mexico Horsemen's Association, New Mexico Horsemens Association of Good Standing of Douglas McSwain (Mitchell, Gary)
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Filing 39
ASSOCIATION of Attorney Licensed Outside the District for Third Party Defendants Sean Alfortish, Paul Jenson, DVM, Petitioner New Mexico Horsemen's Association, Intervenor Defendant New Mexico Horsemens Association by Gary Mitchell on behalf of: Doug McSwain Wyatt, Tarrant & Combs, LLP 250 West Main Street, Suite 1600Lexington, KY 40507 859-361-8346 dmcswain@wyattfirm.com (Association Dues - Online Payment) (Mitchell, Gary)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 38
ORDER by Magistrate Judge Damian L. Martinez granting #37 Motion for Leave to File Excess Pages: Alfortish, Jensen, and the New Mexico Horsemen's Association may file a joint response brief of up to 30 pages as outlined in the motion. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (dkf)
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Association Dues Received: $ 100 receipt number ANMDC-9337557 re: # 39 Association of Attorney Licensed Outside the District,, filed by New Mexico Horsemens Association, Sean Alfortish, New Mexico Horsemen's Association, Paul Jenson, DVM (Payment made via Pay.gov)(Mitchell, Gary)
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Filing 37
Unopposed MOTION for Leave to File Excess Pages by Sean Alfortish. (Dunn, A.)
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Filing 35
NOTICE by Sunray Gaming of New Mexico, LLC Notice of Errata (Attachments: #1 Exhibit) (Burke, Sonya)
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Filing 36
Clerk's Minutes for proceedings held before District Judge Matthew L. Garcia: Status Conference held on 4/26/2024. (Court Reporter P. Baca) (bap)
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Filing 34
NOTICE by Sean Alfortish re #29 Opposed MOTION for Recusal of Hon. Matthew Garcia and Reassignment pusuant to 28 USC Sec. 144 of Supplemental Information (Attachments: #1 Affidavit Affidavit of Denise Chambliss) (Dunn, A.)
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Filing 33
RESPONSE to Motion re #29 Opposed MOTION for Recusal of Hon. Matthew Garcia and Reassignment pusuant to 28 USC Sec. 144 filed by Sunray Gaming of New Mexico, LLC. (Burke, Sonya)
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Filing 32
WAIVER OF SERVICE Returned Executed by New Mexico Horsemen's Association as to New Mexico Horsemens Association. (Mitchell, Gary)
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Filing 31
WAIVER OF SERVICE Returned Executed by New Mexico Horsemen's Association as to Paul Jenson, DVM. (Mitchell, Gary)
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Filing 30
NOTICE of Hearing: In-Person Status Conference set for 4/26/2024 at 02:30 PM in Albuquerque - 520 Gila Courtroom before District Judge Matthew L. Garcia. (emr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 29
Opposed MOTION for Recusal of Hon. Matthew Garcia and Reassignment pusuant to 28 USC Sec. 144 by Sean Alfortish. (Attachments: #1 Affidavit Affidavit of A. Blair Dunn, #2 Affidavit Affidavit of Sean Alfortish) (Dunn, A.)
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Filing 28
Opposed MOTION for Extension of Time to File Response/Reply as to #27 Notice (Other), #25 MOTION for Preliminary Injunctive Relief by Sean Alfortish. (Dunn, A.)
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Filing 27
NOTICE by Sunray Gaming of New Mexico, LLC The Racetracks' Request for Expedited Consideration of Motion For Preliminary Injunction (Burke, Sonya)
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Filing 26
NOTICE of Appearance by A. Blair Dunn on behalf of Sean Alfortish (Dunn, A.)
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Filing 25
MOTION for Preliminary Injunctive Relief by All-American Ruidoso Downs, LLC, dba Ruidoso Downs Race Track and Casino, Downs at Albuquerque, Inc., dba The Downs Racetrack & Casino, Sunray Gaming of New Mexico, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K) (Baca, Celina)
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Filing 24
SUMMONS Returned Executed by All-American Ruidoso Downs, LLC, dba Ruidoso Downs Race Track and Casino, Sunray Gaming of New Mexico, LLC, Downs at Albuquerque, Inc., dba The Downs Racetrack & Casino. Sean Alfortish served on 4/12/2024, answer due 5/3/2024. (Baca, Celina)
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Summons Issued as to Sean Alfortish. (bc)
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Filing 23
Intervenor COMPLAINT The Racetrack's Complaint in Intervention and Third-Party Complaint, filed by Downs at Albuquerque, Inc., dba The Downs Racetrack & Casino, All-American Ruidoso Downs, LLC, dba Ruidoso Downs Race Track and Casino. (Walker, Alex)
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Filing 22
ORDER by District Judge Matthew L. Garcia granting #11 Motion to Intervene as Plaintiffs in Intervention. Granting #18 Stipulated Motion for Extension of Time to File Answer or Otherwise Respond to Counterclaims. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (emr)
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Filing 21
NOTICE by New Mexico Horsemen's Association re #11 MOTION to Intervene as Plaintiffs in Intervention Consent (Mitchell, Gary)
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Filing 20
ORDER FINDING GOOD CAUSE TO DELAY ENTRY OF A SCHEDULING ORDER: by Magistrate Judge Damian L. Martinez. Considering the pending motion to intervene, the Court hereby finds good cause under Fed. R. Civ. P. 16 to delay holding a scheduling conference and entering a scheduling order. The Court will set the case for scheduling once the presiding judge resolves the pending motion. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.](dkf)
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Filing 19
MINUTE ORDER by District Judge Matthew L. Garcia. The New Mexico Horsemens Association is hereby ordered to indicate on the docket whether it opposes the Motion to Intervene (Doc. 11) by April 12, 2024, at 5:00 p.m. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (emr)
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Filing 18
Unopposed MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Intervene as Plaintiffs in Intervention by New Mexico Horsemen's Association. (Mitchell, Gary)
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Filing 17
MEMORANDUM OPINION AND ORDER by District Judge Matthew L. Garcia DENYING #1 Motion for TRO. (cmm)
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Filing 16
SUMMONS Returned Executed by New Mexico Horsemen's Association. (Mitchell, Gary)
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Filing 15
TRANSCRIPT of Proceedings, Motion Hearing held on 3/14/2024, before District Judge Matthew L. Garcia. Court Reporter/Transcriber Paul Baca, Telephone number (505)508-6694. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. PLEASE TAKE NOTICE that each party now has seven (7) calendar days to file a Notice of Intent to Request Redaction of any personal identifiers from this transcript. If no notice is filed during this seven-day period, the court will assume that redaction of personal data is not necessary and will make the transcript electronically available, as is, to the public after 90 days. For additional guidance, PLEASE REVIEW the complete policy, located in the CM/ECF Administrative Procedures Manual at https://www.nmd.uscourts.gov. Notice of Intent to Request Redaction set for 3/25/2024. Redaction Request due 4/8/2024. Redacted Transcript Deadline set for 4/18/2024. Release of Transcript Restriction set for 6/17/2024.(pb)
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Filing 14
NOTICE of Exhibits admitted during the hearing on March 14, 2024. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (cmm)
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Filing 13
NOTICE by Sunray Gaming of New Mexico, LLC re #7 Response to Motion, Notice of Supplemental Authority (Baca, Celina)
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Filing 12
Clerk's Minutes for proceedings held before District Judge Matthew L. Garcia: Motion Hearing held on 3/14/2024 re #1 Motion for TRO filed by New Mexico Horsemen's Association. (Court Reporter P. Baca) (bap)
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Filing 11
MOTION to Intervene as Plaintiffs in Intervention by Sunray Gaming of New Mexico, LLC. (Attachments: #1 Exhibit Exhibit 1) (Burke, Sonya)
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Filing 10
SUMMONS Returned Executed by New Mexico Horsemen's Association. Sunray Gaming of New Mexico, LLC served on 3/13/2024, answer due 4/3/2024. (Mitchell, Gary)
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Filing 9
SUMMONS Returned Executed by New Mexico Horsemen's Association. Sunray Gaming of New Mexico, LLC served on 3/12/2024, answer due 4/2/2024. (Mitchell, Gary)
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Filing 8
ORDER FINDING GOOD CAUSE TO DELAY ENTRY OF A SCHEDULING ORDER: by Magistrate Judge Damian L. Martinez. Considering the pending motion, the Court hereby finds good cause under Fed. R. Civ. P. 16 to delay holding a scheduling conference and entering a scheduling order. The Court will set the case for scheduling once the presiding judge resolves the pending motion. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.]
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Filing 7
RESPONSE to Motion re #1 Motion for TRO /Preliminary Injunction filed by Sunray Gaming of New Mexico, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N) (Walker, Alex)
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Filing 6
ANSWER to #2 Complaint, for Declaratory Judgment, Emergency Petition for Temporary Restraining Order/Preliminary Injunction and Permanent Injunction by Sunray Gaming of New Mexico, LLC. Related document: #2 Complaint, filed by New Mexico Horsemen's Association.(Walker, Alex)
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Filing 5
NOTICE of Hearing: #1 Motion for Temporary Restraining Order/Preliminary Injunction set for 3/14/2024 at 01:00 PM in Albuquerque - 520 Gila Courtroom before District Judge Matthew L. Garcia. (emr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 4
APPENDIX/SUPPLEMENT Information Sheet for TRO by New Mexico Horsemen's Association (Mitchell, Gary)
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Filing 3
APPENDIX/SUPPLEMENT re #1 Motion for TRO, #2 Complaint, Civil cover Sheet by New Mexico Horsemen's Association (Mitchell, Gary)
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Filing 2
COMPLAINT for Declaratory Judgment, Emergency Petition for Temporary Restraining Odrer/Preliminary Injunction and Permanent Injuction against Sunray Gaming of New Mexico, LLC ( Filing Fee - Online Payment), filed by New Mexico Horsemen's Association. (Attachments: #1 Exhibit Exhibit A - Simulcasting Agreement)(Mitchell, Gary)
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Filing 1
Petitioner's Motion for Temporary Restraining Order/Preliminary injunction against Sunray Gaming of New Mexico, LLC ( Filing Fee - Online Payment), filed by New Mexico Horsemen's Association. (Attachments: #1 Exhibit Exhibit A - Simulcasting Agreement)(Mitchell, Gary) Modified text and docket entry event on 3/7/2024 (bc).
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United States District Judge Matthew L. Garcia and United States Magistrate Judge Damian L. Martinez assigned. (bc)
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Summons Issued as to Sunray Gaming of New Mexico, LLC. (bc)
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Filing and Administrative Fees Received: $ 405 receipt number ANMDC-9253988 re #2 Complaint, filed by New Mexico Horsemen's Association, #1 Complaint, filed by New Mexico Horsemen's Association (Payment made via Pay.gov)(Mitchell, Gary)
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