Privett v. Hartford Casualty Insurance Company et al
Plaintiff: Donita Privett doing business as Times Remembered Photography
Defendant: Hartford Casualty Insurance Company and Betty Proctor
Case Number: 2:2022cv00653
Filed: September 2, 2022
Court: US District Court for the District of New Mexico
Presiding Judge: Margaret I Strickland
Referring Judge: Kevin R Sweazea
2 Judge: Stephan M Vidmar
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Breach of Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 31, 2022 Filing 25 RESPONSE in Opposition re #17 Opposed MOTION for Extension of Time to File Response/Reply as to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Motion to Extend Time filed by Betty Proctor. (Brack, Brian)
October 25, 2022 Opinion or Order Filing 24 STIPULATED ORDER DISMISSING COUNT IV by District Judge Margaret I. Strickland. Plaintiff's negligence cause of action in Count IV of [1-1] Plaintiff's Original Complaint is hereby dismissed with prejudice, with each party bearing their own attorneys' fees and costs in this regard. (sej)
October 21, 2022 Filing 23 STIPULATION of Dismissal Count IV for Negligence of Plaintiff's Complaint by Hartford Casualty Insurance Company (Gonzales, David)
October 21, 2022 Opinion or Order Filing 22 **FILED IN ERROR** ORDER by District Judge Margaret I. Strickland. Before the Court is #17 Plaintiff's Motion to Extend Time to Respond to Defendant Betty Proctor's Rule 12(b)(6) Motion to Dismiss. The Motion is unopposed. See #19 Notice of Extension of Time. Accordingly, the Motion is HEREBY GRANTED. Plaintiff shall file a response on or before October 21, 2022. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (lmk) Modified to add error text per chambers on 10/21/2022 (bc).
October 18, 2022 Filing 21 RESPONSE in Opposition re #15 Amended MOTION to Amend/Correct #10 Proposed MOTION to Remand Plaintiff's Motion to Remand Amended Motion to Remand filed by Betty Proctor. (Ray, Jeff)
October 18, 2022 Filing 20 RESPONSE to Motion re #15 Amended MOTION to Amend/Correct #10 Proposed MOTION to Remand Plaintiff's Motion to Remand Amended Motion to Remand filed by Hartford Casualty Insurance Company. (Gonzales, David)
October 18, 2022 Filing 19 NOTICE by Donita Privett Notice of Agreed Extension of Time (Gaddy, Brian)
October 17, 2022 Filing 18 CERTIFICATE OF SERVICE by Donita Privett re #17 Opposed MOTION for Extension of Time to File Response/Reply as to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Motion to Extend Time Certificate of Conference, Plaintiff's Motion for Extension of Time (Gaddy, Brian)
October 17, 2022 Filing 17 Opposed MOTION for Extension of Time to File Response/Reply as to #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Motion to Extend Time by Donita Privett. (Gaddy, Brian) Modified to un-term per chambers on 10/21/2022 (bc).
October 12, 2022 Filing 16 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. Magistrate Judge Kevin R. Sweazea no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
October 4, 2022 Filing 15 Amended MOTION to Amend/Correct #10 Proposed MOTION to Remand Plaintiff's Motion to Remand Amended Motion to Remand by Donita Privett. (Attachments: #1 Exhibit A -Memorandum in Support of Amended Motion to Remand, #2 Exhibit B-Plaintiff's Amended Complaint) (Gaddy, Brian)
September 30, 2022 Filing 14 DEMAND for Trial by Jury by Hartford Casualty Insurance Company (Gonzales, David)
September 30, 2022 Filing 13 Hartford Casualty Insurance Company's ANSWER to Complaint (Notice of Removal) by Hartford Casualty Insurance Company. (Gonzales, David)
September 30, 2022 Filing 12 MOTION to Dismiss Count IV (Negligence) of Plaintiff's Complaint by Hartford Casualty Insurance Company. (Gonzales, David)
September 29, 2022 Filing 11 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 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. (am)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
September 28, 2022 Filing 10 Proposed MOTION to Remand Plaintiff's Motion to Remand by Donita Privett. (Attachments: #1 Exhibit Plaintiff's Memo in support of Motion to Remand) (Gaddy, Brian)
September 28, 2022 Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Betty Proctor. (Ray, Jeff)
September 23, 2022 Filing 8 NOTICE by Betty Proctor Agreed Notice of Extension of Time (Ray, Jeff)
September 23, 2022 Filing 7 NOTICE by Hartford Casualty Insurance Company re #1 Notice of Removal, Notice of Extension of Time (Gonzales, David)
September 9, 2022 Filing 6 NOTICE by Betty Proctor of Agreed Extension of Time (Brack, Brian)
September 8, 2022 Filing 5 NOTICE by Hartford Casualty Insurance Company re #1 Notice of Removal, Extension of Time (Gonzales, David)
September 8, 2022 Filing 4 NOTICE by Betty Proctor of Consent to Removal (Brack, Brian)
September 2, 2022 Filing 3 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 2, 2022 Filing 2 NOTICE by Hartford Casualty Insurance Company (Gonzales, David)
September 2, 2022 Filing 1 NOTICE OF REMOVAL by Hartford Casualty Insurance Company from Ninth Judicial District, case number D-911-CV-2022-00057. ( Filing Fee - Online Payment), filed by Hartford Casualty Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Gonzales, David)
September 2, 2022 Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8445702 re #1 Notice of Removal, filed by Hartford Casualty Insurance Company (Payment made via Pay.gov)(Gonzales, David)
September 2, 2022 United States Magistrate Judge Kevin R. Sweazea and United States Magistrate Judge Stephan M. Vidmar assigned. (jg)
September 2, 2022 Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (jg)

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Plaintiff: Donita Privett doing business as Times Remembered Photography
Represented By: Brian T Gaddy
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Defendant: Hartford Casualty Insurance Company
Represented By: Armand D. Huertaz
Represented By: Taryn M Kaselonis
Represented By: David A. Gonzales
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Defendant: Betty Proctor
Represented By: Brian P Brack
Represented By: Jeff Ray
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