Johnson v. Lavelle et al
Plaintiff: Derrick D Johnson
Defendant: State of New Mexico Child Support Enforcement, Monique R Davila and Gerald Lavelle
Case Number: 1:2024cv00746
Filed: July 22, 2024
Court: US District Court for the District of New Mexico
Presiding Judge: James O Browning
Referring 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 September 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 9, 2024 Opinion or Order Filing 14 REPORT AND RECOMMENDATIONS by Magistrate Judge Steven C. Yarbrough re #5 Motion to Remand to State Court. Objections to R&R due by 9/23/2024. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. (Fed. R. Civ. P. 6(d); Fed. R. Crim. P. 45(c).) (kfo)
September 5, 2024 Opinion or Order Filing 13 ORDER REFERRING CASE to Magistrate Judge Steven C. Yarbrough by District Judge James O. Browning. (gr)
September 4, 2024 Opinion or Order Filing 12 PLEASE TAKE NOTICE that this case has been reassigned to District Judge James O. Browning 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 Kirtan Khalsa no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
August 26, 2024 Opinion or Order Filing 11 SUPPLEMENT (Proof and Evidence of Civil Complaint) re #1 Notice of Removal, by Derrick D Johnson (bc)
August 23, 2024 Opinion or Order Filing 10 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Derrick D Johnson voluntarily consent(s) to have United States Magistrate Judge Kirtan Khalsa conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (bc)
August 12, 2024 Opinion or Order Filing 9 NOTICE OF CONSENT SUBMISSION DEADLINE by Magistrate Judge Kirtan Khalsa. 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 this matter will be reassigned to a district judge as presiding judge if written consents from all parties have not been filed by August 30, 2024. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bkr)
August 8, 2024 Opinion or Order Filing 8 ORDER by Magistrate Judge Steven C. Yarbrough finding good cause to extend the time to issue the scheduling order pursuant to Federal Rule of Civil Procedure 16(b). The Court will delay the issuance of its Scheduling Order pending resolution of #5 Motion to Remand to State Court. (kfo) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kfo)
July 26, 2024 Opinion or Order Filing 7 RESPONSE TO #2 MOTION to Dismiss filed by Monique R Davila, Gerald Lavelle, State of New Mexico Child Support Enforcement Div 3, by Derrick D Johnson (bc) Modified text on 7/29/2024 (bc).
July 26, 2024 Opinion or Order Filing 6 MOTION for extension of time to serve by Derrick D Johnson. (bc)
July 25, 2024 Opinion or Order Filing 5 MOTION to Remand to State Court by Gerald Lavelle, State of New Mexico Child Support Enforcement. (Ziegler, John)
July 23, 2024 Opinion or Order Filing 4 ORDER TO SHOW CAUSE by Magistrate Judge Steven C. Yarbrough. Show Cause Response due by 8/23/2024. (kfo)
July 22, 2024 Opinion or Order Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kirtan Khalsa 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)
July 22, 2024 Opinion or Order Filing 2 MOTION to Dismiss by Monique R Davila, Gerald Lavelle, State of New Mexico Child Support Enforcement Div 3. (Ziegler, John)
July 22, 2024 Opinion or Order Filing 1 NOTICE OF REMOVAL by State of New Mexico Child Support Enforcement Div 3, Monique R Davila, Gerald Lavelle from Second Judicial District Court, case number D-202-CV-2024-04971. ( Filing Fee - Online Payment), filed by State of New Mexico Child Support Enforcement Div 3, Monique R Davila, Gerald Lavelle. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Ziegler, John)
July 22, 2024 Opinion or Order Filing and Administrative Fees Received: $ 405 receipt number ANMDC-9459496 re #1 Notice of Removal, filed by Monique R Davila, State of New Mexico Child Support Enforcement Div 3, Gerald Lavelle (Payment made via Pay.gov)(Ziegler, John)
July 22, 2024 Opinion or Order United States Magistrate Judge Kirtan Khalsa and United States Magistrate Judge Steven C. Yarbrough assigned. (eh)

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Defendant: State of New Mexico Child Support Enforcement
Represented By: John K Ziegler
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Defendant: Monique R Davila
Represented By: John K Ziegler
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Defendant: Gerald Lavelle
Represented By: John K Ziegler
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Plaintiff: Derrick D Johnson
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