Ferlic et al v. Mesilla Valley Regional Dispatch Authority et al
Plaintiff: Kate Ferlic, Carissa Brealey, James Rood and Aidan Brealey-Rood
Defendant: Mesilla Valley Regional Dispatch Authority, Daniel Gutierrez, David Woodward, Quinn Patterson, Dona Ana County Board of County Commissioners, Arturo Herrera, Adrian Herrera, New Mexico Department of Public Safety and City of Las Cruces
Case Number: 2:2022cv00633
Filed: August 25, 2022
Court: US District Court for the District of New Mexico
Presiding Judge: Gregory J Fouratt
Referring Judge: Kevin R Sweazea
2 Judge: David H Urias
Nature of Suit: Personal Injury: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Wrongful Death
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 2, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 7, 2022 Opinion or Order Filing 36 NOTICE of Briefing Complete by Kate Ferlic re #16 MOTION to Disqualify Counsel Plaintiff Ferlic et al Motion to Disqualify or for Motion for Protective Order filed by Kate Ferlic (Carmody, Amanda)
October 7, 2022 Opinion or Order Filing 35 REPLY to Response to Motion re #16 MOTION to Disqualify Counsel Plaintiff Ferlic et al Motion to Disqualify or for Motion for Protective Order filed by Kate Ferlic. (Carmody, Amanda)
October 6, 2022 Opinion or Order Filing 34 NOTICE of Briefing Complete by New Mexico Department of Public Safety re #14 Opposed MOTION to Stay Discovery filed by New Mexico Department of Public Safety (Dickman, Michael)
October 6, 2022 Opinion or Order Filing 33 REPLY to Response to Motion re #14 Opposed MOTION to Stay Discovery filed by New Mexico Department of Public Safety. (Dickman, Michael)
September 30, 2022 Opinion or Order Filing 32 NOTICE of Briefing Complete by Dona Ana County Board of County Commissioners, Adrian Herrera, Arturo Herrera re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Adrian Herrera, Dona Ana County Board of County Commissioners, Arturo Herrera (Roman, David)
September 29, 2022 Opinion or Order Filing 31 REPLY to Response to Motion re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dona Ana County Board of County Commissioners, Adrian Herrera, Arturo Herrera. (Huss, Brandon)
September 29, 2022 Opinion or Order Filing 30 NOTICE of Briefing Complete by New Mexico Department of Public Safety re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by New Mexico Department of Public Safety (Dickman, Michael)
September 29, 2022 Opinion or Order Filing 29 REPLY to Response to Motion re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by New Mexico Department of Public Safety. (Dickman, Michael)
September 29, 2022 Opinion or Order Filing 28 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: Nos. 3, 7 and 11. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
September 28, 2022 Opinion or Order Filing 27 NOTICE OF WITHDRAWAL OF DOCUMENT by City of Las Cruces (Martinez, Damian)
September 28, 2022 Opinion or Order Filing 26 STIPULATED NOTICE of Dismissal by Kate Ferlic (Carmody, Amanda) Modified on 9/29/2022 (cmm).
September 26, 2022 Opinion or Order Filing 25 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge David H. Urias 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 Gregory J. Fouratt no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
September 23, 2022 Opinion or Order Filing 24 RESPONSE to Motion re #14 Opposed MOTION to Stay Discovery Plaintiffs' Response to Defendant Department of Public Saftey's Opposed Motion to Stay Discovery filed by Kate Ferlic. (Attachments: #1 Exhibit Department of Public Saftey CAD and CHRONOLOGY_Redacted, #2 Exhibit Department of Public Saftey Letter- Non Responsive) (McGraw, Mollie)
September 23, 2022 Opinion or Order Filing 23 RESPONSE in Opposition re #16 MOTION to Disqualify Counsel Plaintiff Ferlic et al Motion to Disqualify or for Motion for Protective Order filed by City of Las Cruces. (Attachments: #1 Affidavit Affidavit of Mynatt, #2 Affidavit Affidavit of Martinez, #3 Exhibit Lawyer Compensation Survey, #4 Affidavit Affidavit of Douglass) (Martinez, Damian)
September 23, 2022 Opinion or Order Filing 22 FILED IN ERROR - RESPONSE in Opposition re #16 MOTION to Disqualify Counsel Plaintiff Ferlic et al Motion to Disqualify or for Motion for Protective Order filed by City of Las Cruces. (Attachments: #1 Exhibit Affidavit of Mynatt, #2 Exhibit Affidavit of Martinez, #3 Exhibit Lawyer Compensation Survey, #4 Exhibit Affidavit of Douglass) (Martinez, Damian) Modified text per Martinez' assistant on 9/23/2022 (vh).
September 23, 2022 Opinion or Order Filing 21 NOTICE by City of Las Cruces re #16 MOTION to Disqualify Counsel Plaintiff Ferlic et al Motion to Disqualify or for Motion for Protective Order Agreed Page Extension for Exhibits (Martinez, Damian)
September 23, 2022 Opinion or Order Filing 20 NOTICE by City of Las Cruces re #19 MOTION for Summary Judgment and Memorandum in Support Notice of Agreed Page Extension for Exhibits (Martinez, Damian)
September 19, 2022 Opinion or Order Filing 19 MOTION for Summary Judgment and Memorandum in Support by City of Las Cruces. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Martinez, Damian)
September 15, 2022 Opinion or Order Filing 18 RESPONSE in Opposition re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Response in Opposition to Defendants Dona Ana County Board of County Commissioners, Arturo Herrera, and Adrian Herreras Motion to Dismiss in Lieu of Answer filed by Kate Ferlic. (McGraw, Mollie)
September 15, 2022 Opinion or Order Filing 17 RESPONSE in Opposition re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Response in Opposition to Defendant Department of Public Safteys Motion to Dismiss First Amended Complaint filed by Kate Ferlic. (McGraw, Mollie)
September 14, 2022 Opinion or Order Filing 16 MOTION to Disqualify Counsel Plaintiff Ferlic et al Motion to Disqualify or for Motion for Protective Order by Kate Ferlic. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F) (Carmody, Amanda)
September 12, 2022 Opinion or Order Filing 15 **FILED IN ERROR**Filing Fee: $ 402, receipt number 1000468 (snw)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified on 9/13/2022, payment was for 22-663 (snw).
September 9, 2022 Opinion or Order Filing 14 Opposed MOTION to Stay Discovery by New Mexico Department of Public Safety. (Attachments: #1 Exhibit (Discovery Requests by Plaintiffs)) (Dickman, Michael)
September 2, 2022 Opinion or Order Filing 13 NOTICE of Appearance by David Anthony Roman on behalf of Dona Ana County Board of County Commissioners, Adrian Herrera, Arturo Herrera (Roman, David)
September 1, 2022 Opinion or Order Filing 12 NOTICE by Dona Ana County Board of County Commissioners, Adrian Herrera, Arturo Herrera re #1 Notice of Removal, (Huss, Brandon)
September 1, 2022 Opinion or Order Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Dona Ana County Board of County Commissioners, Adrian Herrera, Arturo Herrera. (Huss, Brandon)
September 1, 2022 Opinion or Order Filing 9 NOTICE OF CONSENT SUBMISSION DEADLINE by Magistrate Judge Gregory J. Fouratt. 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 September 22, 2022. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (eps)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
September 1, 2022 Opinion or Order Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by New Mexico Department of Public Safety. (Dickman, Michael)
September 1, 2022 Opinion or Order Filing 6 NOTICE by New Mexico Department of Public Safety (Consent to Removal) (Dickman, Michael)
September 1, 2022 Opinion or Order Filing 5 NOTICE of Appearance by Michael Dickman on behalf of New Mexico Department of Public Safety (Dickman, Michael)
August 26, 2022 Opinion or Order Filing 4 Defendant City of Las Cruces' ANSWER to Complaint (Notice of Removal) by City of Las Cruces. (Martinez, Damian)
August 25, 2022 Opinion or Order Filing 3 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), City of Las Cruces voluntarily consent(s) to have United States Magistrate Judge Gregory J. Fouratt conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Martinez, Damian)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 25, 2022 Opinion or Order Filing 2 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)
August 25, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL by City of Las Cruces from State of New Mexico, County of Santa Fe, First Judicial District Court, case number D-101-CV-2020-02496. ( Filing Fee - Online Payment), filed by City of Las Cruces. (Attachments: #1 Exhibit First Amended Complaint, #2 Exhibit Notice to State Court of Removal to Federal District Court, #3 Exhibit State Court Pleadings, #4 Exhibit State Court Docket, #5 Civil Cover Sheet Civil Cover Sheet)(Martinez, Damian)
August 25, 2022 Opinion or Order Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8432041 re #1 Notice of Removal, filed by City of Las Cruces (Payment made via Pay.gov)(Martinez, Damian)
August 25, 2022 Opinion or Order United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Kevin R. Sweazea assigned. (jg)

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Search for this case: Ferlic et al v. Mesilla Valley Regional Dispatch Authority et al
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Plaintiff: Kate Ferlic
Represented By: Amanda S Carmody
Represented By: Mollie C. McGraw
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Plaintiff: Carissa Brealey
Represented By: Amanda S Carmody
Represented By: Mollie C. McGraw
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Plaintiff: James Rood
Represented By: Amanda S Carmody
Represented By: Mollie C. McGraw
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Plaintiff: Aidan Brealey-Rood
Represented By: Amanda S Carmody
Represented By: Mollie C. McGraw
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Defendant: Mesilla Valley Regional Dispatch Authority
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Defendant: Daniel Gutierrez
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Defendant: David Woodward
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Defendant: Quinn Patterson
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Defendant: Dona Ana County Board of County Commissioners
Represented By: Brandon Huss
Represented By: David Anthony Roman
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Defendant: Arturo Herrera
Represented By: Brandon Huss
Represented By: David Anthony Roman
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Defendant: Adrian Herrera
Represented By: Brandon Huss
Represented By: David Anthony Roman
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Defendant: New Mexico Department of Public Safety
Represented By: Michael Dickman
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Defendant: City of Las Cruces
Represented By: Haley R. Grant
Represented By: Damian L Martinez
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