Rivera v. The Home Depot, Inc. et al
Plaintiff: Roland Rivera
Defendant: The Home Depot, Inc., Doe Defendant 1 and Nick Herrera
Case Number: 1:2024cv00718
Filed: July 12, 2024
Court: US District Court for the District of New Mexico
Presiding Judge: Laura Fashing
Referring Judge: Jennifer M Rozzoni
Nature of Suit: Personal Injury: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Personal Injury
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 26, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 9, 2024 Filing 15 NOTICE by The Home Depot, Inc. of Filing State Court Pleadings (Attachments: #1 Exhibit A, #2 Exhibit B) (Bagley, Katrina)
August 8, 2024 Filing 14 REPLY to Response to Motion re #3 MOTION to Remand filed by Roland Rivera. (Attachments: #1 Exhibit) (Atkins, Tyler)
July 31, 2024 Filing 13 RESPONSE to Motion re #3 MOTION to Remand filed by Nick Herrera, The Home Depot, Inc.. (Attachments: #1 Exhibit A) (Bagley, Katrina)
July 30, 2024 Opinion or Order Filing 12 ORDER granting #10 Motion for Extension of Time to File Response/Reply to #6 MOTION to Dismiss Party by Magistrate Judge Jennifer M. Rozzoni. Response due 14 days after the Court decides plaintiff's #3 Motion to Remand. (kms)
July 29, 2024 Filing 11 NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 9 Consent to Proceed Before a U.S. Magistrate Judge, filed by Nick Herrera, The Home Depot, Inc., 8 Consent to Proceed Before a U.S. Magistrate Judge, filed by Roland Rivera. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc)
July 24, 2024 Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss Party Nick Herrera by Roland Rivera. (Atkins, Tyler)
July 23, 2024 Filing 9 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Nick Herrera, The Home Depot, Inc. voluntarily consent(s) to have United States Magistrate Judge Laura Fashing conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Brown, Katrina)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
July 22, 2024 Filing 8 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Roland Rivera voluntarily consent(s) to have United States Magistrate Judge Laura Fashing conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Atkins, Tyler)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
July 19, 2024 Filing 7 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. (amf)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
July 19, 2024 Filing 6 MOTION to Dismiss Party by Nick Herrera. (Brown, Katrina)
July 19, 2024 Filing 5 ANSWER to Complaint (Notice of Removal) by The Home Depot, Inc.. (Brown, Katrina)
July 18, 2024 Opinion or Order Filing 4 ORDER by Magistrate Judge Jennifer M. Rozzoni. Pursuant to Fed. R. Civ. P. 16 (b)(2), the Court finds good cause to delay entering a scheduling order at this time due to the pending Motion to Remand (Doc. #3 ). [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kms)
July 18, 2024 Filing 3 MOTION to Remand by Roland Rivera. (Atkins, Tyler)
July 15, 2024 Filing 2 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.] (bc)
July 15, 2024 United States Magistrate Judge Laura Fashing and United States Magistrate Judge Jennifer M. Rozzoni assigned. (bc)
July 12, 2024 Filing 1 NOTICE OF REMOVAL by The Home Depot, Inc. from Second Judicial District Court, case number D-202-CV-2024-04858. ( Filing Fee - Online Payment), filed by The Home Depot, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet Civil Cover Sheet)(Brown, Katrina)
July 12, 2024 Filing and Administrative Fees Received: $ 405 receipt number ANMDC-9447268 re #1 Notice of Removal, filed by The Home Depot, Inc. (Payment made via Pay.gov)(Brown, Katrina)

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Defendant: The Home Depot, Inc.
Represented By: Katrina Bagley
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Defendant: Doe Defendant 1
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Defendant: Nick Herrera
Represented By: Katrina Bagley
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Plaintiff: Roland Rivera
Represented By: Tyler J Atkins
Represented By: Mark Peter Dinelli
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