Beverage et al v. Aging and Long-Term Service et al
Plaintiff: David Almond and Paula Beverage
Defendant: Social Security Administration, Aging and Long-Term Service, Choices Center for Independent Living, Inc., Joy Center and Roswell Police Department
Respondent: Matt Thompson and Tracie Buffington
Case Number: 2:2018cv00797
Filed: August 20, 2018
Court: US District Court for the District of New Mexico
Office: Las Cruces Office
County: Chaves
Presiding Judge: Carmen E Garza
Referring Judge: Judith C Herrera
Nature of Suit: Constitutional - State Statute
Cause of Action: 28:1446
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 28, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 28, 2018 Filing 29 Letter to Clerk, Fifth Judicial State District Court Re; Remand. (mjr)
September 27, 2018 Filing 28 NOTICE by plaintiffs of process service refused and request for process service by publication. (mjr)
September 27, 2018 Filing 27 NOTICE by plaintiffs of process service refused and request for process service by publication. (mjr)
September 27, 2018 Opinion or Order 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)
September 26, 2018 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)
September 26, 2018 Filing 24 MOTION by plaintiffs to Quash Iva Amaro's Motion to Dismiss and to Dismiss Choices Center For Independent Living. (mjr)
September 26, 2018 Filing 23 MOTION by plaintiffs to Quash Lucy Bejarano and Dora Ruiz's Motion to Dismiss and to Dismiss Roswell Joy Center. (mjr)
September 21, 2018 Opinion or Order 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).
September 20, 2018 Filing 21 CERTIFICATE OF SERVICE by Plaintiffs of Motions and Discovery Requests. (mjr)
September 17, 2018 Filing 20 Letter by Chaves County J.O.Y. Centers, Inc. This constitutes an inappropriate ex parte communication with the Court. (atc)
September 13, 2018 Filing 19 MOTION for Extension of Time to File Answers and Responses by Plaintiffs. (mjr)
September 13, 2018 Filing 18 MOTION to Remand by Plaintiffs David Almond and Paula Beverage. (mjr)
September 7, 2018 Opinion or Order Filing 17 ORDER REFERRING CASE to Magistrate Judge Carmen E Garza by District Judge Judith C. Herrera. (baw)
September 7, 2018 Opinion or Order 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)
September 5, 2018 Filing 15 MOTION for Leave to Appear Limited by Tracie Buffington, Matt Thompson. (Hazlett, Christa)
September 5, 2018 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)
September 5, 2018 Filing 13 MOTION to Strike Exhibit to ECF No. 9 by Social Security Administration. (Bostwick, Kathryn)
September 4, 2018 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)
August 30, 2018 Filing 11 MOTION to Dismiss or For More Definite Statement by Choices Center for Independent Living, Inc.. (Attachments: #1 Exhibit A-C) (Stambaugh, Melanie)
August 30, 2018 Filing 10 NOTICE of Appearance by Melanie B Stambaugh on behalf of Choices Center for Independent Living, Inc. (Stambaugh, Melanie)
August 30, 2018 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).
August 28, 2018 United States District Judge Judith C. Herrera assigned. (jg)
August 27, 2018 Filing 8 MOTION to Dismiss by Roswell Police Department. (Shanor, Stephen)
August 27, 2018 Filing 7 NOTICE of Appearance by Stephen Shanor on behalf of Roswell Police Department (Shanor, Stephen)
August 21, 2018 Filing 6 NOTICE of Appearance by Kathryn C. Bostwick on behalf of Social Security Administration (Bostwick, Kathryn)
August 21, 2018 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).
August 20, 2018 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)
August 20, 2018 Magistrate Judge Carmen E. Garza assigned. (mnb)
August 20, 2018 Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (mnb)
August 20, 2018 Filing 3 CERTIFICATE OF SERVICE by Antonio Nunez, Social Security Administration re #1 Notice of Removal, (Lucero, Manuel)
August 20, 2018 Filing 2 NOTICE of Appearance by Manuel Lucero on behalf of Antonio Nunez, Social Security Administration (Lucero, Manuel)
August 20, 2018 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)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New Mexico District Court's Electronic Court Filings (ECF) System

Search for this case: Beverage et al v. Aging and Long-Term Service et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Social Security Administration
Represented By: Manuel Lucero
Represented By: Kathryn C. Bostwick
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Aging and Long-Term Service
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Choices Center for Independent Living, Inc.
Represented By: Melanie B Stambaugh
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Joy Center
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Roswell Police Department
Represented By: Stephen Shanor
Represented By: Chelsea Rae Green
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: David Almond
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Paula Beverage
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Matt Thompson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Tracie Buffington
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?