Oldham v. Nova Mud, Inc. et al
| James Oldham |
| RigUp, Inc., Nova Mud, Inc. and RUSCO Operating, LLC |
| 2:2020cv01166 |
| November 9, 2020 |
| US District Court for the District of New Mexico |
| Carmen E Garza |
| Margaret I Strickland |
| Gregory B Wormuth |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 24, 2023. A more recent docket listing may be available from PACER.
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Filing 47
ORDER by District Judge Margaret I. Strickland denying Third Party Defendant RUSCO's #27 Motion to Compel Arbitration. (ke)
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Filing 46
NOTICE of Briefing Complete by RUSCO Operating, LLC re #27 MOTION to Compel Arbitration filed by RUSCO Operating, LLC (Busler, Adam)
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Filing 45
RESPONSE in Support re #27 MOTION to Compel Arbitration filed by RUSCO Operating, LLC. (Busler, Adam)
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Filing 44
RESPONSE in Opposition re #27 MOTION to Compel Arbitration filed by James Oldham. (Arbuckle, Melinda)
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Filing 43
ORDER by District Judge Margaret I. Strickland. In accordance with the parties' jointly proposed deadlines, see ECF No. #42 , the Court extends the briefing schedule on #27 RUSCO Operating, LLC's Motion to Compel Arbitration as follows: Plaintiff's response is due by 7/22/2022. RUSCO's reply is due by 8/5/2022. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tms)
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Filing 42
Joint Status Report by RUSCO Operating, LLC (Busler, Adam)
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Filing 41
ORDER by District Judge Margaret I. Strickland. The parties shall file a joint statement no later than 7/8/2022 to explain the status of their briefing on #27 Third-Party Defendant RUSCO Operating, LLC's Motion to Compel Arbitration. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tms)
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Filing 40
ORDER by District Judge Margaret I. Strickland granting #39 Motion for Extension of Time to File Answer. As a preliminary matter, it does not appear that Defendant RUSCO Operating, LLC, is required to file an answer at this time. See Lamkin v. Morinda Props. Weight Parcel, LLC, 440 F. Appx 604, 607 (10th Cir. 2011) ("[A] defendant in a pending lawsuit may file a petition or motion to compel arbitration in lieu of an answer to the complaint."). However, to the extent any answer is due, the Court finds good cause to extend the deadline until after RUSCO's Motion to Compel Arbitration (ECF No. #27 ) is decided, because an answer filed prior to that date would serve no practical purpose. See Rachel v. Troutt, 820 F.3d 390, 394 (10th Cir. 2016) (explaining that the good cause standard of Fed. R. Civ. P. 6(b)(1) "should be liberally construed"). The Motion is therefore GRANTED.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tms)
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Filing 39
MOTION for Extension of Time to File Answer by RUSCO Operating, LLC. (Busler, Adam)
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Filing 38
MEMORANDUM OPINION AND ORDER by District Judge Margaret I. Strickland denying #20 Motion to Strike or Sever Defendant's Third-Party Complaint; finding as moot #29 Motion to Stay Briefing. (tms)
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Filing 37
NOTICE by RUSCO Operating, LLC of Supplemental Authority (Busler, Adam)
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Filing 36
**FILED IN ERROR**RESPONSE in Opposition re #29 Opposed MOTION to Stay re #27 MOTION to Compel Arbitration Pending Ruling on Plaintiff's Motion to Strike or Sever Defendant's Third-Party Complaint Notice of Supp Authority filed by RUSCO Operating, LLC. (Busler, Adam) Modified on 2/4/2022 per filing attorney req.(snw).
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Filing 35
RESPONSE in Support re #29 Opposed MOTION to Stay re #27 MOTION to Compel Arbitration Pending Ruling on Plaintiff's Motion to Strike or Sever Defendant's Third-Party Complaint & permission to file a surreply filed by RUSCO Operating, LLC. (Busler, Adam)
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Filing 34
REPLY to Response to Motion re #29 Opposed MOTION to Stay re #27 MOTION to Compel Arbitration Pending Ruling on Plaintiff's Motion to Strike or Sever Defendant's Third-Party Complaint filed by James Oldham. (Attachments: #1 Exhibit A - Newman v. Plains All American Pipeline, L.P.) (Arbuckle, Melinda)
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Filing 33
RESPONSE in Opposition re #29 Opposed MOTION to Stay re #27 MOTION to Compel Arbitration Pending Ruling on Plaintiff's Motion to Strike or Sever Defendant's Third-Party Complaint filed by RUSCO Operating, LLC. (Busler, Adam)
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Filing 32
ORDER by District Judge Margaret I. Strickland GRANTING #30 Defendant RUSCO's Unopposed Motion for Extension of Time to Answer. If Defendant RUSCO remains in the case after the Court's ruling on #20 Plaintiff's Motion to Strike or Sever Defendant's Third-Party Complaint, Defendant RUSCO must file a responsive pleading no later than 14 days after the Court rules on #20 Plaintiff's Motion to Strike. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (rcf)
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Filing 31
ORDER by District Judge Margaret I. Strickland temporarily staying briefing on #27 Third-Party Defendant's Motion to Compel Arbitration. Plaintiff filed #29 Opposed Motion to Stay Briefing on #27 Motion to Compel Arbitration. Because #29 Plaintiff's Motion to Stay is opposed, the Court will allow Defendant(s) time to respond before ruling. See D.N.M.LR-Civ. 7.4(a). If the Court ultimately denies #29 Plaintiff's Motion, Plaintiff's Response to #27 Motion to Compel Arbitration is due no later than 14 days after the Court rules on #29 Plaintiff's Opposed Motion to Stay Briefing. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (rcf)
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Filing 30
MOTION for Extension of Time to File Answer to Third Party Complaint by RUSCO Operating, LLC. (Busler, Adam)
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Filing 29
Opposed MOTION to Stay re #27 MOTION to Compel Arbitration Pending Ruling on Plaintiff's Motion to Strike or Sever Defendant's Third-Party Complaint by James Oldham. (Prieto, Ricardo)
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Filing 28
NOTICE of Appearance by Colin Dougherty on behalf of RUSCO Operating, LLC (Dougherty, Colin)
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Filing 27
MOTION to Compel Arbitration by RUSCO Operating, LLC. (Attachments: #1 Exhibit Exhibits 1-4) (Busler, Adam)
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Filing 26
WAIVER OF SERVICE Returned Executed by Nova Mud, Inc. as to RUSCO Operating, LLC, RigUp, Inc.. (Bustos, Fernando)
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Filing 25
NOTICE by James Oldham of Completion (Prieto, Ricardo)
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Filing 24
REPLY In Support of re #20 Unopposed MOTION to Strike #19 Answer to Complaint, Third Party Complaint filed by James Oldham. (Attachments: #1 Exhibit A, #2 Exhibit B) (Prieto, Ricardo)
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Filing 23
PLEASE TAKE NOTICE that this case has been reassigned to District Judge Margaret I. Strickland 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. District Judge Kea W. Riggs no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (meq)
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Filing 22
RESPONSE to Motion re #20 Unopposed MOTION to Strike #19 Answer to Complaint, Third Party Complaint filed by Nova Mud, Inc.. (Bustos, Fernando)
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Filing 21
ORDER FINDING GOOD CAUSE TO DEFER THE ISSUANCE OF A SCHEDULING ORDER by Magistrate Judge Gregory B. Wormuth. (ceo)
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Filing 20
Opposed MOTION to Strike #19 Answer to Complaint, Third Party Complaint by James Oldham. (Arbuckle, Melinda) Modified on 10/12/2021 to Opposed per chambers(meq).
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Filing 19
ANSWER to #1 Complaint with Jury Demand , THIRD PARTY COMPLAINT against RUSCO Operating, LLC by Nova Mud, Inc.. Related document: #1 Complaint filed by James Oldham.(Bustos, Fernando)
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Filing 18
MEMORANDUM OPINION AND ORDER by District Judge Kea W. Riggs. Defendant Nova Mud, Inc.'s #8 Motion to Dismiss and/or Compel Arbitration, or in the Alternative, Stay is DENIED. (ve)
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Filing 17
NOTICE by James Oldham re #8 MOTION to Dismiss and/or Compel Arbitration, or In the Alternative Stay ORAL ARGUMENT REQUESTED (Arbuckle, Melinda)
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Filing 16
PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Kea W. Riggs 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 Sr. District Judge Robert C. Brack no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp)
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Filing 15
REPLY to Response to Motion re #8 MOTION to Dismiss and/or Compel Arbitration, or In the Alternative Stay filed by Nova Mud, Inc.. (Bustos, Fernando)
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Filing 14
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. 12. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl)
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Filing 13
PLEASE TAKE NOTICE that this case has been reassigned to Sr. United States 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. United States Magistrate Judge Carmen E. Garza no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
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Filing 11
RESPONSE in Opposition re #8 MOTION to Dismiss and/or Compel Arbitration, or In the Alternative Stay filed by James Oldham. (Attachments: #1 Exhibit A, #2 Exhibit B) (Arbuckle, Melinda)
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Filing 10
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 unless consents from all parties have been filed by 1/26/2021. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (ke)
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Filing 9
APPENDIX/SUPPLEMENT re #8 MOTION to Dismiss and/or Compel Arbitration, or In the Alternative Stay by Nova Mud, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Bustos, Fernando)
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Filing 8
MOTION to Dismiss and/or Compel Arbitration, or In the Alternative Stay by Nova Mud, Inc.. (Bustos, Fernando)
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Filing 7
NOTICE of Voluntary Dismissal as to RUSCO Operating, LLC and RigUp, Inc. by James Oldham (Arbuckle, Melinda)
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Filing 6
ORDER by Magistrate Judge Gregory B. Wormuth granting #5 Motion for Extension of Time to Answer. Nova Mud, Inc.'s answer due 1/11/2021. (jls)
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Filing 5
Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Nova Mud, Inc.. (Bustos, Fernando)
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Filing 4
SUMMONS Returned Executed by James Oldham. Nova Mud, Inc. served on 11/20/2020, answer due 12/11/2020. (Arbuckle, Melinda)
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Summons Issued as to Nova Mud, Inc.. (jg)
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Filing 3
WAIVER OF SERVICE Returned Executed by James Oldham as to RUSCO Operating, LLC, RigUp, Inc.. (Attachments: #1 Waiver of Service as to RUSCO Operating LLC)(Arbuckle, Melinda)
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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.] (jg)
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Filing 1
COMPLAINT against Nova Mud, Inc., RUSCO Operating, LLC, RigUp, Inc. ( Filing Fee - Online Payment), filed by James Oldham. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(Arbuckle, Melinda)
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Filing and Administrative Fees Received: $ 400 receipt number ANMDC-7398539 re #1 Complaint filed by James Oldham (Payment made via Pay.gov)(Arbuckle, Melinda)
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United States Magistrate Judge Carmen E. Garza and United States Magistrate Judge Gregory B. Wormuth assigned. (jg)
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Office code correction. Case office code has been changed from 5 (Roswell) to 2 (Las Cruces). (jg)
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