Najera v. Brookhouser et al
Plaintiff: Ernest Najera
Defendant: Bobby Brookhouser and David Olguin
Case Number: 2:2019cv01050
Filed: November 8, 2019
Court: US District Court for the District of New Mexico
Presiding Judge: Kenneth J Gonzales
Referring Judge: Kevin R Sweazea
Nature of Suit: Civil Rights: Other
Cause of Action: 28:1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 20, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2019 Filing 19 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for qualified immunity by David Olguin. (Huss, Brandon)
December 20, 2019 Filing 18 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Qualified Immunity on Count I of Plaintiff's Amended Complaint and Memorandum in Support Thereof by Bobby Brookhouser. (Standridge, Mark)
December 12, 2019 Filing 17 AMENDED COMPLAINT for Wrongful Arrest, Malicious Prosecution and Excessive Force against David Olguin, Bobby Brookhouser., filed by Ernest Najera. (Kennedy, Joseph)
December 9, 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. 5 and 6. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
December 5, 2019 Filing 15 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Kenneth J. Gonzales 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. United States Magistrate Judge Gregory J. Fouratt no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp)
December 4, 2019 Opinion or Order Filing 14 ORDER by Magistrate Judge Kevin R. Sweazea GRANTING #12 Motion for an Extension of Time to Respond to Defendant Brookhouser's Motion for Partial Dismissal. In light of Defendant Brookhouser's concurrence in the relief requested, the Court hereby grants Plaintiff's motion. Plaintiff's response is due on or before December 6, 2019. [THIS IS A TEXT ONLY ENTRY; NO DOCUMENTS ATTACHED] (cbf)
December 2, 2019 Filing 13 NOTICE by Bobby Brookhouser re #12 MOTION for Extension of Time to File Response to Brookhouser's Motion for Partial Dismissal re Non-Opposition to Plaintiff's Motion for Extension (Standridge, Mark)
November 27, 2019 Filing 12 MOTION for Extension of Time to File Response to Brookhouser's Motion for Partial Dismissal by Ernest Najera. (Kennedy, Joseph)
November 18, 2019 Filing 11 Transmittal of State Court Documents by David Olguin (Attachments: #1 Exhibit A) (Drebing, Mark)
November 18, 2019 Opinion or Order Filing 10 ORDER by Magistrate Judge Kevin R. Sweazea FINDING good cause to delay the entry of a scheduling order. Pursuant to Fed. R. Civ. P. 16(b)(2), the Court hereby finds good cause to delay the entry of a scheduling order until such time as the Presiding Judge resolves the pending dispositive motions. (cbf)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
November 18, 2019 Filing 9 NOTICE OF CONSENT SUBMISSION DEADLINE: In light of the pending dispositive motions [ECFs #7 #8 ], and 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 presiding judge if written consents from all parties have not been filed by December 4, 2019. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (gbg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
November 15, 2019 Filing 8 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Qualified Immunity on Count I of Plaintiff's Complaint and Memorandum in Support Thereof by Bobby Brookhouser. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Standridge, Mark)
November 15, 2019 Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for qualified immunity by David Olguin. (Huss, Brandon)
November 12, 2019 Filing 4 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory J. Fouratt 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.] (ln)
November 12, 2019 United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Kevin R. Sweazea assigned. (ln)
November 12, 2019 Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces) (Luna County). (ln)
November 8, 2019 Filing and Administrative Fees Received: $ 400 receipt number 1084-6790485 re #1 Notice of Removal, filed by David Olguin (Payment made via Pay.gov)(Drebing, Mark)
November 8, 2019 Filing 3 NOTICE by Bobby Brookhouser re #1 Notice of Removal, of Consent to Removal (Standridge, Mark)
November 8, 2019 Filing 2 NOTICE of Appearance by Mark D Standridge on behalf of Bobby Brookhouser (Standridge, Mark)
November 8, 2019 Filing 1 NOTICE OF REMOVAL by David Olguin from Sixth Judicial District, case number D-619-CV-2019-00343. ( Filing Fee - Online Payment), filed by David Olguin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Drebing, Mark)

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Defendant: Bobby Brookhouser
Represented By: Mark D Standridge
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Defendant: David Olguin
Represented By: Mark L. Drebing
Represented By: Nicholas S. Autio
Represented By: Brandon Huss
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Plaintiff: Ernest Najera
Represented By: Erin L. Chavez
Represented By: Joseph P. Kennedy
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