Escano v. Symmetry Financial Group of North Carolina, LLC et al
Plaintiff: Ruben J Escano
Defendant: Mutual of Omaha Insurance Company, Symmetry Financial Group of North Carolina, LLC, Brandon Ellison, Brian Pope and Does 1 through 10
Case Number: 2:2021cv00884
Filed: September 8, 2021
Court: US District Court for the District of New Mexico
Presiding Judge: Robert C Brack
Referring Judge: Gregory B Wormuth
Nature of Suit: Telephone Consumer Protection Act (TCPA)
Cause of Action: 47 U.S.C. § 227
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 9, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 5, 2021 Opinion or Order Filing 33 NOTICE of Briefing Complete by Ruben J Escano re #24 MOTION to Remand to State Court filed by Ruben J Escano (Escano, Ruben)
November 5, 2021 Opinion or Order Filing 32 REPLY to Response to Motion re #24 MOTION to Remand to State Court filed by Ruben J Escano. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Escano, Ruben)
November 5, 2021 Opinion or Order Filing 31 NOTICE of Briefing Complete by Mutual of Omaha Insurance Company re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mutual of Omaha Insurance Company (West, Little)
November 3, 2021 Opinion or Order Filing 30 REPLY to Response to Motion re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Defendant Mutual of Omaha's Reply in Support of Motion to Dismiss (Doc. 20, filed 10/06/21) filed by Mutual of Omaha Insurance Company. (West, Little)
October 22, 2021 Opinion or Order Filing 29 RESPONSE in Opposition re #24 MOTION to Remand to State Court - Defendant Mutual of Omaha's Joinder in the Symmetry Defendants' Response in Opposition to Plaintiff's Motion to Remand to State Court (Doc. 28, filed 10/22/2021) filed by Mutual of Omaha Insurance Company. (West, Little)
October 22, 2021 Opinion or Order Filing 28 RESPONSE in Opposition re #24 MOTION to Remand to State Court filed by Brandon Ellison, Brian Pope, Symmetry Financial Group of North Carolina, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Dawes, Jaime)
October 20, 2021 Opinion or Order Filing 27 RESPONSE in Opposition re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ruben J Escano. (Attachments: #1 Exhibit A, #2 Exhibit B) (Escano, Ruben)
October 19, 2021 Opinion or Order Filing 26 ORDER FINDING GOOD CAUSE TO DEFER THE ISSUANCE OF A SCHEDULING ORDER by Magistrate Judge Gregory B. Wormuth. (ceo)
October 19, 2021 Opinion or Order Filing 25 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 Kevin R. Sweazea no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
October 8, 2021 Opinion or Order Filing 24 MOTION to Remand to State Court by Ruben J Escano. (Attachments: #1 Affidavit Exhibit A, #2 Affidavit Exhibit B, #3 Exhibit C) (Escano, Ruben)
October 6, 2021 Opinion or Order Filing 23 APPENDIX/SUPPLEMENT re #1 Notice of Removal, by Mutual of Omaha Insurance Company (Attachments: #1 Supplement Part 1, #2 Supplement Part 2) (West, Little)
October 6, 2021 Opinion or Order Filing 22 ANSWER to Complaint (Notice of Removal) by Brandon Ellison, Brian Pope, Symmetry Financial Group of North Carolina, LLC. (Dawes, Jaime)
October 6, 2021 Opinion or Order Filing 21 NOTICE OF CONSENT SUBMISSION DEADLINE: 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 10 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. (atc)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
October 6, 2021 Opinion or Order Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mutual of Omaha Insurance Company. (West, Little)
September 29, 2021 Opinion or Order Filing 19 ORDER Granting #18 Motion to File Electronically by Magistrate Judge Gregory B. Wormuth. (emm)
September 28, 2021 Opinion or Order Filing 18 PLAINTIFF RUBEN J. ESCANO'S UNOPPOSED SECOND MOTION FOR LEAVE TO FILE ELECTRONICALLY AS A PRO SE PARTY (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (arn)
September 22, 2021 Opinion or Order Filing 17 ORDER by Magistrate Judge Gregory B. Wormuth denying #13 Motion for Leave to File Electronically (ceo)
September 21, 2021 Opinion or Order Filing 16 NOTICE OF COMPLETION ON PLAINTIFF RUBEN J. ESCANO'S MOTION FOR LEAVE TO FILE ELECTRONICALLY AS A PRO SE PARTY by Ruben J Escano. (cer)
September 20, 2021 Opinion or Order Filing 15 Corporate Disclosure Statement by Mutual of Omaha Insurance Company (West, Little)
September 16, 2021 Opinion or Order Filing 14 ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by Magistrate Judge Gregory B. Wormuth as to Doc. #6 . Responses due October 6, 2021. (emm) Modified text on 9/17/2021 (cer).
September 16, 2021 Opinion or Order Filing 13 PLAINTIFF RUBEN J. ESCANO'S MOTION FOR LEAVE TO FILE ELECTRONICALLY AS A PRO SE PARTY by Ruben J Escano. (nr)
September 16, 2021 Opinion or Order Filing 12 NOTICE of Appearance Colin P. Snider by Jaime L. Dawes on behalf of Symmetry Financial Group of North Carolina, LLC (Dawes, Jaime) Modified text on 9/16/2021 (arn).
September 16, 2021 Opinion or Order Filing 11 NOTICE of Appearance Darci F. Madden by Jaime L. Dawes on behalf of Symmetry Financial Group of North Carolina, LLC (Dawes, Jaime) Modified text on 9/16/2021 (arn).
September 15, 2021 Opinion or Order Filing 10 ASSOCIATION of Attorney Licensed Outside the District for Defendant Symmetry Financial Group of North Carolina, LLC by Jaime L. Dawes on behalf of: Colin P. Snider BRYAN CAVE LEIGHTON PAISNER LLP 211 N. Broadway, Suite 3600Saint Louis, Missouri 63102 (314) 259-2316 Fax (314) 259-2020 colin.snider@bclplaw.com (Association Dues - Online Payment) (Dawes, Jaime)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
September 15, 2021 Opinion or Order Filing 9 ASSOCIATION of Attorney Licensed Outside the District for Defendant Symmetry Financial Group of North Carolina, LLC by Jaime L. Dawes on behalf of: Darci F. Madden BRYAN CAVE LEIGHTON PAISNER LLP 211 N. Broadway, Suite 3600Saint Louis, Missouri 63102 (314) 259-2366 Fax (314) 259-2020 dfmadden@bclplaw.com (Association Dues - Online Payment) (Dawes, Jaime)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
September 14, 2021 Opinion or Order Filing 8 NOTICE by Symmetry Financial Group of North Carolina, LLC of Good Standing (Dawes, Jaime)
September 14, 2021 Opinion or Order Filing 7 NOTICE by Symmetry Financial Group of North Carolina, LLC of Good Standing (Dawes, Jaime)
September 13, 2021 Opinion or Order Filing 6 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal, Unopposed Joint Motion for Extension of Time to Answer or Otherwise Respond to Complaint by Mutual of Omaha Insurance Company. (West, Little) Modified text on 9/17/2021 (cer).
September 9, 2021 Opinion or Order Filing 5 NOTICE of Appearance by Little West on behalf of Mutual of Omaha Insurance Company (West, Little)
September 9, 2021 Opinion or Order Filing 4 ASSOCIATION of Attorney Licensed Outside the District for Defendants Brandon Ellison, Brian Pope, Symmetry Financial Group of North Carolina, LLC by Darci F Madden (Association Dues - Online Payment) (Madden, Darci)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
September 9, 2021 Opinion or Order Filing 3 ASSOCIATION of Attorney Licensed Outside the District for Defendants Brandon Ellison, Brian Pope, Symmetry Financial Group of North Carolina, LLC by Colin P. Snider (Association Dues - Online Payment) (Snider, Colin)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
September 9, 2021 Opinion or Order Filing 2 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)
September 9, 2021 Opinion or Order Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (jg)
September 9, 2021 Opinion or Order United States Magistrate Judge Kevin R. Sweazea and United States Magistrate Judge Gregory B. Wormuth assigned. (jg)
September 9, 2021 Opinion or Order Association Dues Received: $ 100 receipt number ANMDC-7881718 re: # 3 Association of Attorney Licensed Outside the District, filed by Brian Pope, Brandon Ellison, Symmetry Financial Group of North Carolina, LLC (Payment made via Pay.gov)(Snider, Colin)
September 9, 2021 Opinion or Order Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7881727 re #1 Notice of Removal, filed by Symmetry Financial Group of North Carolina, LLC (Payment made via Pay.gov)(Snider, Colin)
September 9, 2021 Opinion or Order Association Dues Received: $ 100 receipt number ANMDC-7881722 re: # 4 Association of Attorney Licensed Outside the District, filed by Brian Pope, Brandon Ellison, Symmetry Financial Group of North Carolina, LLC (Payment made via Pay.gov)(Snider, Colin)
September 8, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL by Symmetry Financial Group of North Carolina, LLC from Sixth Judicial District Court, County of Grant, case number D-608-CV-2021-00229. ( Filing Fee - Online Payment), filed by Symmetry Financial Group of North Carolina, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet D)(Dawes, Jaime)

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Plaintiff: Ruben J Escano
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Defendant: Mutual of Omaha Insurance Company
Represented By: Little West
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Defendant: Symmetry Financial Group of North Carolina, LLC
Represented By: Jaime L. Dawes
Represented By: Colin P. Snider
Represented By: Darci F Madden
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Defendant: Brandon Ellison
Represented By: Colin P. Snider
Represented By: Darci F Madden
Represented By: Jaime L. Dawes
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Defendant: Brian Pope
Represented By: Colin P. Snider
Represented By: Darci F Madden
Represented By: Jaime L. Dawes
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Defendant: Does 1 through 10
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