Lucero v. County of Bernalillo, New Mexico et al
Plaintiff: Matthew Lucero
Defendant: Michael Ferstl, Darren James and County of Bernalillo, New Mexico
Case Number: 1:2024cv00788
Filed: August 7, 2024
Court: US District Court for the District of New Mexico
Presiding Judge: Laura Fashing
Referring Judge: Steven C Yarbrough
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Labor/Mgmnt. Relations
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 19, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 12, 2024 Filing 18 NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 11 Consent to Proceed Before a U.S. Magistrate Judge, filed by Darren James, Michael Ferstl, County of Bernalillo, New Mexico, #17 Notice (Other), filed by Matthew Lucero. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc)
September 10, 2024 Filing 17 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Matthew Lucero 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. (Gaddy, Brian) Modified on 9/12/2024 (bc).
September 9, 2024 Opinion or Order Filing 16 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 #7 Motion to Dismiss and #8 Motion for Partial Summary Judgment. (kfo) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
September 6, 2024 Filing 15 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 4 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.]
September 5, 2024 Filing 14 NOTICE of Briefing Complete by County of Bernalillo, New Mexico, Michael Ferstl, Darren James re #8 MOTION for Partial Summary Judgment and Supporting Memorandum Brief filed by Darren James, Michael Ferstl, County of Bernalillo, New Mexico (Wells, Deborah)
September 5, 2024 Filing 13 NOTICE of Briefing Complete by County of Bernalillo, New Mexico, Michael Ferstl, Darren James re #7 MOTION to Dismiss Partial Motion to Dismiss and Supporting Memorandum Brief filed by Darren James, Michael Ferstl, County of Bernalillo, New Mexico (Wells, Deborah)
August 20, 2024 Filing 12 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.]
August 15, 2024 Filing 11 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), County of Bernalillo, New Mexico, Michael Ferstl, Darren James 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. (Wells, Deborah)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 7, 2024 Filing 10 ANSWER to Complaint (Notice of Removal) by County of Bernalillo, New Mexico, Michael Ferstl, Darren James. (Wells, Deborah)
August 7, 2024 Filing 9 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)
August 7, 2024 Filing 8 MOTION for Partial Summary Judgment and Supporting Memorandum Brief by County of Bernalillo, New Mexico, Michael Ferstl, Darren James. (Attachments: #1 Exhibit A, #2 Exhibit B) (Wells, Deborah)
August 7, 2024 Filing 7 MOTION to Dismiss Partial Motion to Dismiss and Supporting Memorandum Brief by County of Bernalillo, New Mexico, Michael Ferstl, Darren James. (Wells, Deborah)
August 7, 2024 Filing 6 Transmittal of State Court Documents by County of Bernalillo, New Mexico, Michael Ferstl, Darren James (Attachments: #1 Appendix) (Wells, Deborah)
August 7, 2024 Filing 5 DEMAND for Trial by Jury by County of Bernalillo, New Mexico, Michael Ferstl, Darren James (Wells, Deborah)
August 7, 2024 Filing 4 NOTICE of Appearance by Deborah D. Wells on behalf of County of Bernalillo, New Mexico, Michael Ferstl, Darren James (Wells, Deborah)
August 7, 2024 Filing 3 WAIVER OF SERVICE Returned Executed by Michael Ferstl as to Michael Ferstl. (Wells, Deborah)
August 7, 2024 Filing 2 WAIVER OF SERVICE Returned Executed by Darren James as to Darren James. (Wells, Deborah)
August 7, 2024 Filing 1 NOTICE OF REMOVAL by Darren James, Michael Ferstl, County of Bernalillo, New Mexico from Second Judicial District Court, case number D-202-CV-2024-03767. ( Filing Fee - Online Payment), filed by Darren James, Michael Ferstl, County of Bernalillo, New Mexico. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B)(Wells, Deborah)
August 7, 2024 Filing and Administrative Fees Received: $ 405 receipt number ANMDC-9484659 re #1 Notice of Removal, filed by Darren James, Michael Ferstl, County of Bernalillo, New Mexico (Payment made via Pay.gov)(Wells, Deborah)
August 7, 2024 United States Magistrate Judge Laura Fashing and United States Magistrate Judge Steven C. Yarbrough assigned. (bc)

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Defendant: Michael Ferstl
Represented By: Deborah D. Wells
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Defendant: Darren James
Represented By: Deborah D. Wells
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Defendant: County of Bernalillo, New Mexico
Represented By: Deborah D. Wells
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Plaintiff: Matthew Lucero
Represented By: Brian T Gaddy
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