Flammang v. Portillo et al
Plaintiff: Abby Flammang
Defendant: Angel Portillo, Anthony Martin, Aden Heyman and City of Albuquerque
Case Number: 1:2024cv00263
Filed: March 18, 2024
Court: US District Court for the District of New Mexico
Presiding Judge: Jerry H Ritter
Referring Judge: David H Urias
2 Judge: Steven C Yarbrough
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2024 Filing 23 NOTICE of Briefing Complete by City of Albuquerque re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Albuquerque (Dalton, Kristin)
April 29, 2024 Filing 22 REPLY to Response to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Albuquerque. (Dalton, Kristin)
April 25, 2024 Filing 21 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. 8, 9, 17 and 18. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
April 22, 2024 Filing 20 NOTICE by City of Albuquerque re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Notice of Agreed Upon Extension to File Reply (Dalton, Kristin)
April 17, 2024 Filing 19 PLEASE TAKE NOTICE that this case has been reassigned to District Judge David H. Urias 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.] (dr)
April 8, 2024 Filing 16 RESPONSE in Opposition re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Abby Flammang. (Attachments: #1 Exhibit Fire Ordinance) (Foghi, Boglarka)
April 1, 2024 Filing 15 Answer to Complaint for Damages ANSWER to Complaint (Notice of Removal) of Defendant Angel Portillo by Angel Portillo. (Allison, Michael)
March 26, 2024 Filing 14 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. (cm)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
March 26, 2024 Opinion or Order Filing 13 ORDER Finding Good Cause to Delay Issuance of Scheduling Order by Magistrate Judge Jerry H. Ritter. Defendant City of Albuquerque's #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM may be dispositive and, if granted, would at least partially eliminate the need for discovery. Per Fed. R. Civ. P. 16(b)(2), I thus find good cause to delay issuance of a scheduling order in this case until the motion is resolved. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sjl)
March 25, 2024 Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Albuquerque. (Dalton, Kristin)
March 19, 2024 Filing 11 ANSWER to Complaint (Notice of Removal) by Aden Heyman. (Bowles, Jason)
March 19, 2024 Filing 10 NOTICE of Appearance by Michael B. Allison on behalf of Angel Portillo (Allison, Michael)
March 19, 2024 Filing 7 NOTICE by Aden Heyman of Consent of Removal (Bowles, Jason)
March 19, 2024 Filing 6 NOTICE of Appearance by Jason Bowles on behalf of Aden Heyman (Bowles, Jason)
March 18, 2024 Filing 5 Filing fee: $ 405.00, receipt number 1004419 (da)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
March 18, 2024 Filing 4 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.] (eh)
March 18, 2024 Filing 3 NOTICE by City of Albuquerque re #1 Notice of Removal, Notice of Consent to Removal (Dalton, Kristin)
March 18, 2024 Filing 2 Transmittal of State Court Documents by City of Albuquerque (Attachments: #1 Exhibit Certified State Court Record) (Dalton, Kristin)
March 18, 2024 Filing 1 NOTICE OF REMOVAL by City of Albuquerque Ex Rel. Albuquerque Fire Rescue Dept. from State of New Mexico Second Judicial District Court, case number D-202-CV-2024-00943. ( Filing Fee - Deliver Payment), filed by City of Albuquerque Ex Rel. Albuquerque Fire Rescue Dept.. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Dalton, Kristin)
March 18, 2024 United States Magistrate Judge Steven C. Yarbrough and United States Magistrate Judge Jerry H. Ritter assigned. (eh)

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Plaintiff: Abby Flammang
Represented By: Boglarka Foghi
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Defendant: Angel Portillo
Represented By: Michael B. Allison
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Defendant: Anthony Martin
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Defendant: Aden Heyman
Represented By: Jason Bowles
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Defendant: City of Albuquerque
Represented By: Kristin J Dalton
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