Price v. Whitten et al
Plaintiff: Mark Price
Defendant: Francis Whitten, The City of Las Cruces doing business as The Las Cruces Police Department and Thaddeus Allen
Case Number: 2:2020cv01099
Filed: October 26, 2020
Court: US District Court for the District of New Mexico
Presiding Judge: Robert C Brack
Referring Judge: Kevin R Sweazea
2 Judge: Stephan M Vidmar
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 22, 2020 Opinion or Order Filing 13 NOTICE of Briefing Complete by Thaddeus Allen, The City of Las Cruces, Francis Whitten re #4 Partial MOTION to Dismiss Plaintiffs' Retaliation, Trespass, and State Contitutional Claims filed by Francis Whitten, The City of Las Cruces, Thaddeus Allen (Standridge, Mark)
December 22, 2020 Opinion or Order Filing 12 REPLY to Response to Motion re #4 Partial MOTION to Dismiss Plaintiffs' Retaliation, Trespass, and State Contitutional Claims filed by Thaddeus Allen, The City of Las Cruces, Francis Whitten. (Standridge, Mark)
December 16, 2020 Opinion or Order Filing 11 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: No. 3. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
December 14, 2020 Opinion or Order Filing 10 PLEASE TAKE NOTICE that this case has been reassigned to Sr. District Judge Robert C. Brack 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 Stephan M. Vidmar no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
December 8, 2020 Opinion or Order Filing 9 ORDER FINDING GOOD CAUSE TO DELAY ENTRY OF A SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Considering the pending Motion to Dismiss based on qualified immunity #4 , the Court hereby finds good cause under Fed. R. Civ. P. 16 to delay holding a scheduling conference and entering a scheduling order. The Court will set the case for scheduling once the presiding judge resolves the pending motion. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc)
December 8, 2020 Opinion or Order Filing 8 RESPONSE to Motion re #4 Partial MOTION to Dismiss Plaintiffs' Retaliation, Trespass, and State Contitutional Claims, #6 Partial MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiff's Retaliation, Trespass, and State Constitutional Claim filed by Mark Price. (Strickland, Margaret)
December 3, 2020 Opinion or Order Filing 7 NOTICE OF IMPENDING REASSIGNMENT: 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 this matter will be reassigned to a district judge as presiding judge if written consents from all parties have not been filed within 10 days. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (rh)
November 27, 2020 Opinion or Order Filing 6 DUPLICATE ENTRY Partial MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiff's Retaliation, Trespass, and State Constitutional Claim by Thaddeus Allen, The City of Las Cruces, Francis Whitten. (Standridge, Mark) Modified text to add Duplicate Entry as per Assistant Erika for Attorney Mark Standridge on 12/2/2020 (nr).
November 27, 2020 Opinion or Order Filing 5 NOTICE of Appearance by Mark D Standridge on behalf of All Defendants (Standridge, Mark)
November 27, 2020 Opinion or Order Filing 4 Partial MOTION to Dismiss Plaintiffs' Retaliation, Trespass, and State Contitutional Claims by Thaddeus Allen, The City of Las Cruces, Francis Whitten. (Attachments: #1 Exhibit) (Rogers, Cody)
November 12, 2020 Opinion or Order Summons Issued as to Thaddeus Allen, The City of Las Cruces, Francis Whitten. (dr)
October 26, 2020 Opinion or Order 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.] (arp)
October 26, 2020 Opinion or Order Filing 1 COMPLAINT for Civil Rights Violations and State Tort Claims against All Defendants ( Filing Fee - Online Payment), filed by Mark Price. (Attachments: #1 Civil Cover Sheet)(Strickland, Margaret)
October 26, 2020 Opinion or Order Filing and Administrative Fees Received: $ 400 receipt number ANMDC-7376934 re #1 Complaint filed by Mark Price (Payment made via Pay.gov)(Strickland, Margaret)
October 26, 2020 Opinion or Order United States Magistrate Judge Stephan M. Vidmar and United States Magistrate Judge Kevin R. Sweazea assigned. (arp)

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Defendant: Francis Whitten
Represented By: Cody R. Rogers
Represented By: Mark D Standridge
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Defendant: The City of Las Cruces doing business as The Las Cruces Police Department
Represented By: Cody R. Rogers
Represented By: Mark D Standridge
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Defendant: Thaddeus Allen
Represented By: Cody R. Rogers
Represented By: Mark D Standridge
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Plaintiff: Mark Price
Represented By: Margaret Strickland
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