Kirby v. United Parcel Service, Inc.
Plaintiff: Terry Kirby
Defendant: United Parcel Service, Inc.
Case Number: 2:2019cv01090
Filed: November 22, 2019
Court: US District Court for the District of New Mexico
Presiding Judge: Gregory J Fouratt
Referring Judge: Judith C Herrera
2 Judge: Kevin R Sweazea
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 15, 2020 Filing 12 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Judith C. Herrera 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 Kevin R. Sweazea no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp)
January 14, 2020 Opinion or Order Filing 11 ORDER EXTENDING DEADLINE by Magistrate Judge Gregory J. Fouratt. Plaintiff's #10 Motion for Extension of Time is GRANTED. Plaintiff's deadline to respond to Defendant's #8 Motion to Dismiss is extended to 1/29/2020. (gbg)
January 13, 2020 Filing 10 MOTION for Extension of Time to File Answer to Motion to Dismiss, MOTION for Extension of Time to File Response/Reply by Terry Kirby. (Hightower, Clayton)
December 31, 2019 Filing 9 NOTICE OF IMPENDING REASSIGNMENT: Pursuant to Fed. R. Civ. P. 73(b)(2) and considering the pending dispositive motion, 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 14 days from the entry of this notice 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. (cbf)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
December 30, 2019 Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by United Parcel Service, Inc.. (Attachments: #1 Exhibit) (Barton, David)
December 30, 2019 Filing 7 NOTICE of Attorney Substitution: David T. Barton substituted for Quincy J. Perales and Lee M. Rogers Jr. (Barton, David)
December 2, 2019 Opinion or Order Filing 6 ORDER EXTENDING DEADLINE by Magistrate Judge Gregory J. Fouratt. Defendant's deadline to respond to Plaintiff's Complaint is extended to 12/30/2019. (gbg)
November 27, 2019 Filing 5 MOTION for Extension of Time to File Response/Reply by United Parcel Service, Inc.. (Rogers, Lee)
November 22, 2019 Filing 4 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kevin R. Sweazea 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)
November 22, 2019 Filing 3 NOTICE of Appearance by David T. Barton on behalf of United Parcel Service, Inc. (Barton, David)
November 22, 2019 Filing 2 Corporate Disclosure Statement by United Parcel Service, Inc. (Barton, David)
November 22, 2019 Filing 1 NOTICE OF REMOVAL by United Parcel Service, Inc. from County of Chaves, Fifth Judicial District Court, case number D-1329-CV-2016-01170. ( Filing Fee - Online Payment), filed by United Parcel Service, Inc.. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Barton, David)
November 22, 2019 Filing and Administrative Fees Received: $ 400 receipt number 1084-6815927 re #1 Notice of Removal, filed by United Parcel Service, Inc. (Payment made via Pay.gov)(Barton, David)
November 22, 2019 United States Magistrate Judge Kevin R. Sweazea and United States Magistrate Judge Gregory J. Fouratt assigned. (jg)

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Defendant: United Parcel Service, Inc.
Represented By: David T. Barton
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Plaintiff: Terry Kirby
Represented By: Clayton S Hightower
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