Smith v. Sysco Corporation et al
Plaintiff: Cory Smith
Defendant: Sysco Corporation, Sygma Network Inc, Zurich American Insurance Company and Daniel Lone
Case Number: 2:2021cv00940
Filed: September 24, 2021
Court: US District Court for the District of New Mexico
Presiding Judge: Gregory J Fouratt
Referring Judge: Kirtan Khalsa
2 Judge: Stephan M Vidmar
3 Judge: Steven C Yarbrough
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 14, 2021 Opinion or Order Filing 11 Letter Remanding Case to State Court by Victoria Harvell #10 (vh)
October 13, 2021 Opinion or Order Filing 10 ORDER REMANDING CASE by Magistrate Judge Gregory J. Fouratt. This case is REMANDED back to the Fifth Judicial District Court in Lea County, New Mexico for further proceedings. (gbg)
October 13, 2021 Opinion or Order Filing 9 STIPULATION re #1 Notice of Removal, Notice of Withdrawal of Defendants' Notice of Removal by Daniel Lone, Sygma Network Inc, Sysco Corporation, Zurich American Insurance Company (Dow, Clinton)
October 12, 2021 Opinion or Order Filing 8 RESPONSE in Opposition re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cory Smith. (Berenson, Rachel)
September 30, 2021 Opinion or Order Filing 7 MEMORANDUM OPINION AND ORDER by Magistrate Judge Stephan M. Vidmar. Defendants are granted leave to amend #1 their Notice of Removal to adequately allege subject-matter jurisdiction no later than October 21, 2021. (am)
September 28, 2021 Opinion or Order Filing 6 NOTICE OF CONSENT SUBMISSION DEADLINE: Because a dispositive motion has been filed in this case, the parties are reminded, pursuant to Fed. R. Civ. P. 73(b)(2), 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 the trial judge if written consents from all parties have not been filed by October 19, 2021. 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.]
September 28, 2021 Opinion or Order Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Daniel Lone, Sygma Network Inc, Sysco Corporation, Zurich American Insurance Company. (Dow, Clinton)
September 27, 2021 Opinion or Order 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.] (jg)
September 27, 2021 Opinion or Order Filing 3 PLEASE TAKE NOTICE that this case has been reassigned to United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Stephan M. Vidmar as the trial and pretrial judges. 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 Steven C. Yarbrough, United States Magistrate Judge Kirtan Khalsa no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
September 27, 2021 Opinion or Order Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (jg)
September 24, 2021 Opinion or Order Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Steven C. Yarbrough 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)
September 24, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL by Zurich American Insurance Company, Sygma Network Inc, Sysco Corporation, Daniel Lone from Fifth Judicial District Court, case number D-506-CV-2021-00758. ( Filing Fee - Online Payment), filed by Zurich American Insurance Company, Sygma Network Inc, Sysco Corporation, Daniel Lone. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B)(Dow, Clinton)
September 24, 2021 Opinion or Order Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7908373 re #1 Notice of Removal, filed by Sysco Corporation, Zurich American Insurance Company, Sygma Network Inc, Daniel Lone (Payment made via Pay.gov)(Dow, Clinton)
September 24, 2021 Opinion or Order United States Magistrate Judge Steven C. Yarbrough and United States Magistrate Judge Kirtan Khalsa assigned. (arp)

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Plaintiff: Cory Smith
Represented By: Rachel Berenson
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Defendant: Sysco Corporation
Represented By: Lawrence A Junker
Represented By: Clinton E. Dow
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Defendant: Sygma Network Inc
Represented By: Lawrence A Junker
Represented By: Clinton E. Dow
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Defendant: Zurich American Insurance Company
Represented By: Lawrence A Junker
Represented By: Clinton E. Dow
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Defendant: Daniel Lone
Represented By: Lawrence A Junker
Represented By: Clinton E. Dow
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