City of Las Cruces et al v. United States of America et al
Plaintiff: City of Las Cruces and Dona Ana County
Defendant: United States of America, United States Department of Defense and National Guard Bureau
Case Number: 2:2017cv00809
Filed: August 9, 2017
Court: US District Court for the District of New Mexico
Office: Las Cruces Office
County: Dona Ana
Presiding Judge: Gregory J. Fouratt
Presiding Judge: Kevin R. Sweazea
Nature of Suit: Environmental Matters
Cause of Action: 42 U.S.C. ยง 9607
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 29, 2023 Opinion or Order Filing 623 ORDER by District Judge Judith C. Herrera ADOPTING PROPOSED FINDINGS AND RECOMMENDED DISPOSITION 596 ; overruling Defendant American Linen Supply of New Mexico, Inc.'s Objections to Magistrates Proposed Findings and Recommended Disposition, Doc. 596 602 ; granting Plaintiffs' Motion to Strike American Linen's Expert's Reports 261 ; and denying The Motion of American Linen to Designate Substitute Expert Witness and Amend Expert Disclosures 522 . (baw)
March 6, 2023 Opinion or Order Filing 596 PROPOSED FINDINGS AND RECOMMENDED DISPOSITION regarding 261 Motion to Strike and 522 Motion to Substitute Expert Witness by Chief Magistrate Judge Gregory B. Wormuth. Objections to R&R due by 3/20/2023. Add 3 d ays 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).) (es)
December 15, 2022 Opinion or Order Filing 576 MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera granting in part and denying in part Plaintiffs' Motion to Dismiss Counterclaims,Third-Party Claims, and to Strike Affirmative Defenses Contained in American Linen's Second Answer 487 as described herein. (baw)
November 10, 2022 Opinion or Order Filing 563 ORDER DENYING DEFENDANT AMERICAN LINEN'S MOTION TO STRIKE EXPERT OPINIONS OF PETER KRASNOFF by Chief Magistrate Judge Gregory B. Wormuth denying 531 Motion to Strike. (es)
September 19, 2022 Opinion or Order Filing 524 MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera denying in part 476 Defendant American Linen Supply of New Mexico, Inc.'s Motion for Court to Reconsider [Its] Timely Filed Reply Brief 476 as to its request for consideration of the Courts expense award, and ordering the parties to meet and confer within 14 days of the entry of this order as further described herein. (baw)
August 15, 2022 Opinion or Order Filing 517 MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera sustaining in part and overruling in part 461 Defendant American Linen's Objections to Order Directing Defendant to Pay Attorney Fees and Costs in Amount of $79,491.41, Doc.454. (baw)
August 2, 2022 Opinion or Order Filing 514 MEMORANDUM OPINION AND ORDER OF REFERENCE by District Judge Judith C. Herrera granting in part Plaintiffs' Motion to Strike American Linens Expert's Reports and Exclude His Testimony 261 . The matter of how to proceed with American Linen's expert is referred to the U.S. Magistrate Judge to recommend a remedy that is appropriate in light of the current posture of the case. (baw)
July 14, 2022 Opinion or Order Filing 513 ORDER TO PAY ATTORNEY'S FEES AND COSTS by Magistrate Judge Gregory B. Wormuth re 435 Order granting Motion for Protective Order Quashing American Linen's Notices to DBSA, JSAI and JEGI; granting in part and denying in part Motion for Ext ension of Time to Complete Discovery; granting Motion for Protective Order Quashing Portions of American Linen's Rule 30(b)(6) Deposition Notices to the County and City; granting in part and denying in part First Motion to Compel Written Discove ry; granting in part and denying in part Second Motion to Compel Written Discovery; denying Motion to Compel Plaintiffs to Designate Witnesses Pursuant to Federal Rule 30(b)(6); and granting in part and denying in part Motion to Compel and Determine Sufficiency of Answers under Federal Rule 36(a)(6) and 460 Plaintiffs' Fee Affidavit (ceo)
May 16, 2022 Opinion or Order Filing 505 ORDER by Magistrate Judge Gregory B. Wormuth granting 496 Motion for Extension of Time to Answer American Linen's Third Party Complaint as to Bertha Villanueva. Bertha Villanueva's answer due 5/27/2022. (ceo)
April 20, 2022 Opinion or Order Filing 490 ORDER by District Judge Judith C. Herrera granting in part, denying in part and deferring judgment in part on 476 Defendant American Linen Supply of New Mexico, Inc.'s Motion for Court to Reconsider [Its] Timely Filed Reply Brief. (baw)
March 28, 2022 Opinion or Order Filing 481 MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera granting in part and denying in part 299 Joint Motion to Dismiss Rawson Leasing LLC, The Lofts at Alameda LLC, and Chisholm's-Village Plaza L.L.C. (baw)
March 10, 2022 Opinion or Order Filing 475 MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera denying 317 Defendant American Linen Supply of New Mexico, Inc.'s Motion to Dismiss Plaintiffs' Second Amended Complaint.. (baw)
March 9, 2022 Opinion or Order Filing 474 MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera overruling 440 Objections to Order 435 and awarding Plaintiffs three quarters of the reasonable expenses they incurred to respond to Defendant's objections. (baw)
December 15, 2021 Opinion or Order Filing 454 ORDER TO PAY ATTORNEY'S FEES AND COSTS re 304 Order Granting in Part and Denying in Part Plaintiffs' Motion to Compel and for Sanctions and 308 Plaintiffs' Fee Affidavit by Magistrate Judge Gregory B. Wormuth. (ceo)
December 13, 2021 Opinion or Order Filing 452 ORDER by Magistrate Judge Gregory B. Wormuth granting in part 439 Motion to Extend and denying as moot 446 Motion to Strike. (ceo) Notices of either stipulated deposition dates or dates of unavailability due by 12/27/2021. If noti ces of unavailability are filed, a telephonic status conference is set before Magistrate Judge Gregory B. Wormuth for 01/05/2022 at 4:00 p.m. Counsel shall call Judge Wormuth's teleconference line at (877) 402-9753, access code 7578461, to connect to the proceedings.
November 9, 2021 Opinion or Order Filing 435 ORDER by Magistrate Judge Gregory B. Wormuth granting 384 Motion for Protective Order Quashing American Linen's Notices to DBSA, JSAI and Jacobs Engineering; granting in part and denying in part 385 Motion for Extension of Time to Complete Discovery; granting 386 Motion for Protective Order Quashing Portions of American Linen's Rule 30B6 Deposition Notices to the County and City; granting in part and denying in part 387 First Motion to Compel Written Discovery; granting in part and denying in part 388 Second Motion to Compel Written Discovery; denying 389 Motion to Compel Plaintiffs to Designate Witnesses Pursuant to Federal Rule 30(b)(6); and granting in part and denying in part 390 Motion to Compel and Determine Sufficiency of Answers under Federal Rule 36(a)(6). (ceo)
May 11, 2021 Opinion or Order Filing 348 MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera OVERRULING Defendant's Objections 315 to the Magistrate Judge's Order Granting Defendant's Motion for Protective Order and Plaintiffs' Motion for Protective Order and Granting in Part and Denying in Part Plaintiffs' Motion to Compel and for Sanctions 304 . (baw)
March 25, 2021 Opinion or Order Filing 333 ORDER by Magistrate Judge Gregory B. Wormuth granting 314 MOTION to Extend (other) Defendant American Linen Supply of New Mexico, Inc.'s Motion for Leave to Depose Plaintiffs City of Las Cruces and Dona Ana County Pursuant to Rule 30 (B)(6). (jls)
March 22, 2021 Opinion or Order Filing 332 ORDER by Magistrate Judge Gregory B. Wormuth granting 325 Motion for Discovery. (ceo)
February 1, 2021 Opinion or Order Filing 304 ORDER by Magistrate Judge Gregory B. Wormuth granting 243 Motion for Protective Order, granting 246 Motion for Protective Order, and granting in part and denying in part 263 Motion to Compel and for Sanctions. (ceo)
January 29, 2021 Opinion or Order Filing 303 MEMORANDUM OPINION AND ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDED DISPOSITION by District Judge Judith C. Herrera granting 232 Plaintiffs' Motion to File Second Amended Complaint. (baw)
November 23, 2020 Opinion or Order Filing 290 PROPOSED FINDINGS AND RECOMMENDED DISPOSITION re 232 MOTION to Amend/Correct Plaintiffs' Motion to File Second Amended Complaint filed by Dona Ana County, City of Las Cruces by Magistrate Judge Gregory B. Wormuth. Objections to PFRD due by 12/7/2020. (jls)
December 10, 2018 Opinion or Order Filing 129 ORDER AND RECOMMENDATIONS by U.S. Magistrate Judge Kristen L. Mix re 123 Joint MOTION to Extend (other) Case Management Deadlines filed by Dona Ana County, City of Las Cruces. Objections to R&R due by 12/24/2018. 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).) (bap)
January 21, 2018 Opinion or Order Filing 35 DISCOVERY DISCLOSURE ORDER GOVERNING ELECTRONICALLY STORED INFORMATION ("ESI") by Magistrate Judge Gregory J. Fouratt. (kdj)
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Plaintiff: City of Las Cruces
Represented By: Marcia B. Driggers
Represented By: Jessica Ferrell
Represented By: Thomas Figart
Represented By: Bradley M. Marten
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Plaintiff: Dona Ana County
Represented By: Marcia B. Driggers
Represented By: Jessica Ferrell
Represented By: Thomas Figart
Represented By: Bradley M. Marten
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Defendant: United States of America
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Defendant: United States Department of Defense
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Defendant: National Guard Bureau
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