Beverage et al v. Aging and Long-Term Service et al
| David Almond and Paula Beverage |
| Social Security Administration, Aging and Long-Term Service, Choices Center for Independent Living, Inc., Joy Center and Roswell Police Department |
| Matt Thompson and Tracie Buffington |
| 2:2018cv00797 |
| August 20, 2018 |
| US District Court for the District of New Mexico |
| Las Cruces Office |
| Chaves |
| Carmen E Garza |
| Judith C Herrera |
| Constitutional - State Statute |
| 28:1446 |
| None |
Docket Report
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This docket was last retrieved on September 28, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 Letter to Clerk, Fifth Judicial State District Court Re; Remand. (mjr) |
| Filing 28 NOTICE by plaintiffs of process service refused and request for process service by publication. (mjr) |
| Filing 27 NOTICE by plaintiffs of process service refused and request for process service by publication. (mjr) |
Filing 26
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera granting #9 Defendant Social Security Administration's Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) & (b)(6) and remanding this case to the Fifth Judicial District Court, Chaves County, New Mexico. (baw)
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| Filing 25 RESPONSE to Motion re #18 MOTION to Remand /Objection to Removal Dismiss of Social Security Administration Action filed by Choices Center for Independent Living, Inc.. (Stambaugh, Melanie) |
| Filing 24 MOTION by plaintiffs to Quash Iva Amaro's Motion to Dismiss and to Dismiss Choices Center For Independent Living. (mjr) |
| Filing 23 MOTION by plaintiffs to Quash Lucy Bejarano and Dora Ruiz's Motion to Dismiss and to Dismiss Roswell Joy Center. (mjr) |
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Filing 22
**FILED IN ERROR** ORDER REFERRING CASE to Magistrate Judge Steven C. Yarbrough by District Judge Judith C. Herrera. (baw) Modified text on 9/21/2018 (mjr).
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| Filing 21 CERTIFICATE OF SERVICE by Plaintiffs of Motions and Discovery Requests. (mjr) |
| Filing 20 Letter by Chaves County J.O.Y. Centers, Inc. This constitutes an inappropriate ex parte communication with the Court. (atc) |
| Filing 19 MOTION for Extension of Time to File Answers and Responses by Plaintiffs. (mjr) |
| Filing 18 MOTION to Remand by Plaintiffs David Almond and Paula Beverage. (mjr) |
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Filing 17
ORDER REFERRING CASE to Magistrate Judge Carmen E Garza by District Judge Judith C. Herrera. (baw)
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Filing 16
ORDER by District Judge Judith C. Herrera temporarily sealing Exhibit [9-1] to #9 Motion to Dismiss. The Exhibit shall remain sealed until #13 Motion to Strike Exhibit [9-1] is ruled on by the Court. Plaintiffs' opposed response to #13 Motion to Strike is due to be filed no later than September 24, 2018. [THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (baw)
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| Filing 15 MOTION for Leave to Appear Limited by Tracie Buffington, Matt Thompson. (Hazlett, Christa) |
| Filing 14 APPENDIX/SUPPLEMENT re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES by Social Security Administration (Bostwick, Kathryn) |
| Filing 13 MOTION to Strike Exhibit to ECF No. 9 by Social Security Administration. (Bostwick, Kathryn) |
| Filing 12 ERRATA re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES by Social Security Administration (Lucero, Manuel) |
| Filing 11 MOTION to Dismiss or For More Definite Statement by Choices Center for Independent Living, Inc.. (Attachments: #1 Exhibit A-C) (Stambaugh, Melanie) |
| Filing 10 NOTICE of Appearance by Melanie B Stambaugh on behalf of Choices Center for Independent Living, Inc. (Stambaugh, Melanie) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES by Social Security Administration. (Attachments: #1 Exhibit Declaration and Exhibits) (Bostwick, Kathryn) Modified security pursuant to Order 16 on 9/7/2018 (mjr). |
| United States District Judge Judith C. Herrera assigned. (jg) |
| Filing 8 MOTION to Dismiss by Roswell Police Department. (Shanor, Stephen) |
| Filing 7 NOTICE of Appearance by Stephen Shanor on behalf of Roswell Police Department (Shanor, Stephen) |
| Filing 6 NOTICE of Appearance by Kathryn C. Bostwick on behalf of Social Security Administration (Bostwick, Kathryn) |
| Filing 5 FILED IN ERROR NOTICE of Appearance by Kathryn C. Bostwick on behalf of Social Security Administration (Bostwick, Kathryn) Modified text to add error on 8/22/2018 (nr). |
| Filing 4 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Carmen E. Garza 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.] (mnb) |
| Magistrate Judge Carmen E. Garza assigned. (mnb) |
| Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (mnb) |
| Filing 3 CERTIFICATE OF SERVICE by Antonio Nunez, Social Security Administration re #1 Notice of Removal, (Lucero, Manuel) |
| Filing 2 NOTICE of Appearance by Manuel Lucero on behalf of Antonio Nunez, Social Security Administration (Lucero, Manuel) |
| Filing 1 NOTICE OF REMOVAL by Social Security Administration from Chavez County District Court, case number D-504-CV-201800822. ( Filing Fee - Waived), filed by Social Security Administration. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)(Lucero, Manuel) |
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