Bailey et al v. Markham et al
Plaintiff: Brian Bailey and Michelle Bailey
Defendant: Voltaire Builders, LLC, Plumbsquare Construction, Inc., Luciano Barrientos, Rick F. Atchinson and Steve Markham
Case Number: 2:2019cv00519
Filed: June 5, 2019
Court: US District Court for the District of New Mexico
Presiding Judge: James O Browning
Referring Judge: Gregory B Wormuth
Nature of Suit: Contract: Other
Cause of Action: 28:1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 20, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 31, 2019 Filing 20 AMENDED NOTICE of Hearing on Motion #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 8/19/2019 at 01:30 PM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (cab)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
July 31, 2019 Opinion or Order Filing 19 INITIAL SCHEDULING ORDER: by District Judge James O. Browning. Rule 16(c) Hearing set for 8/19/2019 at 01:30 PM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (vv)
July 31, 2019 Filing 18 NOTICE of Hearing on Motion #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 8/19/2019 at 01:30 PM in Las Cruces - 320 Tortugas Courtroom (North Tower) before District Judge James O. Browning. (cab)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
July 26, 2019 Filing 17 MOTION to Remand to State Court by Brian Bailey. (McKelvy, Ian)
July 24, 2019 Filing 16 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: Nos. 9, 10 and 11. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
July 22, 2019 Filing 15 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 Carmen E. Garza no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ln)
July 11, 2019 Filing 14 NOTICE of Briefing Complete by Plumbsquare Construction, Inc. re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plumbsquare Construction, Inc. (Calvert, Sean)
July 10, 2019 Filing 13 REPLY to Response to Motion re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plumbsquare Construction, Inc.. (Calvert, Sean)
July 10, 2019 Filing 12 RESPONSE to Motion re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Brian Bailey, Michelle Bailey. (Cassels, Kelly)
June 26, 2019 Filing 8 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 July 19, 2019 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. (ag)
June 25, 2019 Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plumbsquare Construction, Inc.. (Calvert, Sean)
June 21, 2019 Filing 6 CERTIFICATE OF SERVICE by Steve Markham, Voltaire Builders, LLC (Ragsdale, Luke)
June 13, 2019 Filing 5 ANSWER to Complaint (Notice of Removal) by Steve Markham, Voltaire Builders, LLC. (Ragsdale, Luke)
June 6, 2019 Filing 4 APPENDIX/SUPPLEMENT re #1 Notice of Removal by Luciano Barrientos, Steve Markham, Voltaire Builders, LLC (Ragsdale, Luke)
June 6, 2019 Association Dues Received: $ 100 receipt number 1084-6467979 re: # 3 Association of Attorney Licensed Outside the District, filed by Steve Markham, Voltaire Builders, LLC (Payment made via Pay.gov)(Steimel, Walter)
June 6, 2019 Filing 3 ASSOCIATION of Attorney Licensed Outside the District for Defendants Steve Markham, Voltaire Builders, LLC by Walter Steimel (Association Dues - Online Payment) (Steimel, Walter)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
June 6, 2019 Filing 2 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.] (khs)
June 6, 2019 Magistrate Judge Carmen E. Garza and Magistrate Judge Gregory B. Wormuth assigned. (khs)
June 6, 2019 Filing and Administrative Fees Received: $ 400 receipt number 1084-6467324 re #1 Notice of Removal filed by Steve Markham, Rick F. Atchinson, Voltaire Builders, LLC, Plumbsquare Construction, Inc., Luciano Barrientos (Payment made via Pay.gov)(Ragsdale, Luke)
June 5, 2019 Filing 1 NOTICE OF REMOVAL by All Defendants from Fifth Judicial District Court, case number D-504-CV-2019-00387. ( Filing Fee - Deliver Payment), filed by All Defendants. (Ragsdale, Luke)

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Defendant: Voltaire Builders, LLC
Represented By: Luke W Ragsdale
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Defendant: Plumbsquare Construction, Inc.
Represented By: Luke W Ragsdale
Represented By: Sean R Calvert
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Defendant: Luciano Barrientos
Represented By: Luke W Ragsdale
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Defendant: Rick F. Atchinson
Represented By: Luke W Ragsdale
Represented By: Sean R Calvert
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Defendant: Steve Markham
Represented By: Luke W Ragsdale
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Plaintiff: Brian Bailey
Represented By: Kelly Mack Cassels
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Plaintiff: Michelle Bailey
Represented By: Kelly Mack Cassels
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