Padilla v. Geico Insurance Co. et al
Plaintiff: Gerardo Maese Padilla
Defendant: John G. Franchini, Kathleen Austin, Paul Garcia, Jon Butler, John Does I, II, and II, Joan Rawson, John Does and J Butler
3Rd Party Plaintiff: Geico Insurance Co.
3Rd Party Defendant: Leasing Services, Inc.
Case Number: 2:2019cv00696
Filed: July 30, 2019
Court: US District Court for the District of New Mexico
Presiding Judge: Stephan M Vidmar
Referring Judge: Gregory B Wormuth
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 26, 2019 Filing 33 MOTION for Summary Judgment based on Qualified Immunity and Memorandum of Law by J Butler, John Does, John G. Franchini, Paul Garcia. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Banks, CaraLyn)
September 25, 2019 Filing 32 Joint Status Report and Provisional Discovery Plan by J Butler, John Does, John G. Franchini, Paul Garcia (Banks, CaraLyn)
September 23, 2019 Opinion or Order Filing 30 ORDER by Magistrate Judge Gregory B. Wormuth granting #29 Motion to Continue. The motion hearing scheduled for 9/24/19 at 2:00 pm is VACATED and RESET for 10/3/19 at 10:30 am in Las Cruces - Dona Ana Courtroom. (ts)
September 20, 2019 Filing 29 MOTION to Continue by Gerardo Maese Padilla. (Lutz, William)
September 16, 2019 Opinion or Order Filing 28 ORDER by Magistrate Judge Gregory B. Wormuth granting #23 Motion for Hearing. Oral argument will be held on 9/24/2019 at 2:00 pm in Las Cruces - Dona Ana Courtroom. (jls)
September 12, 2019 Filing 27 NOTICE of Briefing Complete by J Butler, John Does, John G. Franchini, Paul Garcia re #15 Opposed MOTION to Stay Discovery Based upon Absolute Immunity and Qualified Immunity filed by J Butler, John G. Franchini, Paul Garcia, John Does (Banks, CaraLyn)
September 12, 2019 Filing 26 REPLY to Response to Motion re #15 Opposed MOTION to Stay Discovery Based upon Absolute Immunity and Qualified Immunity filed by J Butler, John Does, John G. Franchini, Paul Garcia. (Banks, CaraLyn)
September 12, 2019 Filing 25 NOTICE of Briefing Complete by J Butler re #16 Opposed MOTION for Summary Judgment and Memorandum in Support of the Motion Based on Absolute Quasi-Judicial Immunity filed by J Butler (Banks, CaraLyn)
September 12, 2019 Filing 24 REPLY to Response to Motion re #16 Opposed MOTION for Summary Judgment and Memorandum in Support of the Motion Based on Absolute Quasi-Judicial Immunity filed by J Butler. (Banks, CaraLyn)
September 12, 2019 Filing 23 MOTION for Hearing re #15 Opposed MOTION to Stay Discovery Based upon Absolute Immunity and Qualified Immunity by J Butler, John Does, John G. Franchini, Paul Garcia. (Banks, CaraLyn)
September 12, 2019 Filing 22 MOTION for Hearing re #16 Opposed MOTION for Summary Judgment and Memorandum in Support of the Motion Based on Absolute Quasi-Judicial Immunity by J Butler, John Does, John G. Franchini, Paul Garcia. (Banks, CaraLyn)
September 4, 2019 Filing 21 First Amended ANSWER to Complaint (Notice of Removal) , THIRD PARTY COMPLAINT against Leasing Services, Inc., Joan Rawson by Geico Insurance Co.. (Mitchell, Jeffrey)
September 4, 2019 Summons on a Third-Party Complaint Issued as to Leasing Services, Inc., Joan Rawson. (jg)
August 29, 2019 Filing 20 RESPONSE in Opposition re #15 Opposed MOTION to Stay Discovery Based upon Absolute Immunity and Qualified Immunity filed by Gerardo Maese Padilla. (Lutz, William)
August 29, 2019 Filing 19 RESPONSE in Opposition re #16 Opposed MOTION for Summary Judgment and Memorandum in Support of the Motion Based on Absolute Quasi-Judicial Immunity filed by Gerardo Maese Padilla. (Attachments: #1 Affidavit Rule 54 Affidavit, #2 Affidavit Affidavit of Carol Pena) (Lutz, William)
August 21, 2019 Filing 18 NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 9 Consent to Proceed Before a U.S. Magistrate Judge filed by Gerardo Maese Padilla, 13 Consent to Proceed Before a U.S. Magistrate Judge filed by Geico Insurance Co., Kathleen Austin & 8 Consent to Proceed Before a U.S. Magistrate Judge filed by J Butler, John G. Franchini, Paul Garcia, John Does. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (rh)
August 20, 2019 Opinion or Order Filing 17 INITIAL SCHEDULING ORDER by Magistrate Judge Gregory B. Wormuth. Joint Status Report due by 9/26/2019. Telephonic Scheduling Conference set for 10/10/2019 at 02:00 PM. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 9/10/2019. (bni)
August 16, 2019 Filing 16 Opposed MOTION for Summary Judgment and Memorandum in Support of the Motion Based on Absolute Quasi-Judicial Immunity by J Butler. (Attachments: #1 Exhibit A, #2 Exhibit B) (Banks, CaraLyn)
August 16, 2019 Filing 15 Opposed MOTION to Stay Discovery Based upon Absolute Immunity and Qualified Immunity by J Butler, John Does, John G. Franchini, Paul Garcia. (Banks, CaraLyn)
August 16, 2019 Filing 14 NOTICE of Appearance by Daniel J O'Brien on behalf of Kathleen Austin, Geico Insurance Co. (O'Brien, Daniel)
August 16, 2019 Filing 13 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Kathleen Austin, Geico Insurance Co. voluntarily consent(s) to have United States Magistrate Judge Stephan M. Vidmar conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Mitchell, Jeffrey)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 15, 2019 Filing 12 Corporate Disclosure Statement by Geico Insurance Co. identifying Corporate Parent Government Employees Insurance Company (GEICO) for Geico Insurance Co.. (Mitchell, Jeffrey)
August 15, 2019 Filing 11 ANSWER to Complaint (Notice of Removal) by Geico Insurance Co.. (Mitchell, Jeffrey)
August 15, 2019 Filing 10 NOTICE of Appearance by Jeffrey M. Mitchell on behalf of Kathleen Austin, Geico Insurance Co. (Mitchell, Jeffrey)
August 13, 2019 Filing 9 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Gerardo Maese Padilla voluntarily consent(s) to have United States Magistrate Judge Stephan M. Vidmar conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Lutz, William)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 13, 2019 Filing 8 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), J Butler, John Does, John G. Franchini, Paul Garcia voluntarily consent(s) to have United States Magistrate Judge Stephan M. Vidmar conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Banks, CaraLyn)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 6, 2019 Filing 7 State Defendants' ANSWER to Complaint (Notice of Removal) by J Butler, John Does, John G. Franchini, Paul Garcia. (Banks, CaraLyn)
August 5, 2019 Filing 6 DEMAND for Trial by Jury by Kathleen Austin ( Mitchell, Jeffrey)
August 2, 2019 Filing 5 ANSWER to Complaint (Notice of Removal) by Kathleen Austin. ( Mitchell, Jeffrey)
July 31, 2019 Filing 4 Filing fee: $ 400.00, receipt number LC003432 (vh)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
July 31, 2019 Filing 3 NOTICE by J Butler, John Does, John G. Franchini, Paul Garcia re #1 Notice of Removal, Civil Cover Sheet (Banks, CaraLyn)
July 30, 2019 Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Stephan M. Vidmar 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.] (jg)
July 30, 2019 Filing 1 NOTICE OF REMOVAL by Jon Butler, John G. Franchini, John Does I, II, and II, Paul Garcia from Third Judicial District Court, case number D-307-CV-2019-01670. ( Filing Fee - Deliver Payment), filed by Jon Butler, John G. Franchini, John Does I, II, and II, Paul Garcia. (Attachments: #1 Exhibit A, #2 Exhibit B)(Banks, CaraLyn)
July 30, 2019 United States Magistrate Judge Stephan M. Vidmar and United States Magistrate Judge Gregory B. Wormuth assigned. (jg)

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Defendant: John G. Franchini
Represented By: CaraLyn Banks
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Defendant: Kathleen Austin
Represented By: Jeffrey M. Mitchell
Represented By: Daniel J O'Brien
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Defendant: Paul Garcia
Represented By: CaraLyn Banks
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Defendant: Jon Butler
Represented By: CaraLyn Banks
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Defendant: John Does I, II, and II
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Defendant: Joan Rawson
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Defendant: John Does
Represented By: CaraLyn Banks
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Defendant: J Butler
Represented By: CaraLyn Banks
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Plaintiff: Gerardo Maese Padilla
Represented By: William L. Lutz
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3rd party plaintiff: Geico Insurance Co.
Represented By: Jeffrey M. Mitchell
Represented By: Daniel J O'Brien
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3rd party defendant: Leasing Services, Inc.
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