Alcala v. Ortega et al
| Personal Rep Ramiro Alcala |
| Board of County Commissioners of the County of Dona Ana, New Mexico, Deputy Sheriff Arturo Ortega, Kim Stewart, Arturo Ortega and Board of County Commissioners of the County of Dona Ana |
| 2:2022cv00755 |
| October 10, 2022 |
| US District Court for the District of New Mexico |
| William P Johnson |
| Gregory B Wormuth |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on January 5, 2024. A more recent docket listing may be available from PACER.
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Filing 38
ORDER GRANTING MOTION TO STAY DISCOVERY by Chief Magistrate Judge Gregory B. Wormuth granting #37 Defendants Deputy Sheriff Arturo Ortega, Board of County Commissioners of the County of Dona Ana, and Kimberly Stewart's Amended Motion to Stay Discovery Pending a Ruling on Qualified Immunity. (emm)
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Filing 37
Amended MOTION to Stay re #34 Amended MOTION for Partial Summary Judgment and Qualified Immunity Against Counts I, II, and IV by Board of County Commissioners of the County of Dona Ana, Arturo Ortega, Kim Stewart. (Grant, Haley)
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Filing 36
NOTICE by Board of County Commissioners of the County of Dona Ana, Arturo Ortega re #34 Amended MOTION for Partial Summary Judgment and Qualified Immunity Against Counts I, II, and IV Notice of Agreed Upon Extension (Grant, Haley)
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Filing 35
NOTICE by Board of County Commissioners of the County of Dona Ana, Arturo Ortega re #34 Amended MOTION for Partial Summary Judgment and Qualified Immunity Against Counts I, II, and IV (Grant, Haley)
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Filing 34
Amended MOTION for Partial Summary Judgment and Qualified Immunity Against Counts I, II, and IV by Board of County Commissioners of the County of Dona Ana, Arturo Ortega, Kim Stewart. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Supplement Attachment 2, #5 Exhibit, #6 Exhibit, #7 Appendix Cover sheet for audio/visual) (Grant, Haley)
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Filing 33
**FILED IN ERROR**NOTICE by Board of County Commissioners of the County of Dona Ana, Arturo Ortega re #32 Amended MOTION for Partial Summary Judgment and Qualified Immunity Against Counts I, II, and IV (Grant, Haley) Modified text as per attorney on 3/1/2023 (jn).
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Filing 32
**FILED IN ERROR** Amended MOTION for Partial Summary Judgment and Qualified Immunity Against Counts I, II, and IV by Board of County Commissioners of the County of Dona Ana, Arturo Ortega, Kim Stewart. (Grant, Haley) Modified text as per attorney on 3/1/2023 (jn).
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Filing 31
NOTICE OF WITHDRAWAL OF DOCUMENT by All Defendants (Martinez, Damian)
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Filing 30
MOTION to Stay re #26 MOTION for Partial Summary Judgment and Qualified Immunity Against Counts I, II, and IV by Board of County Commissioners of the County of Dona Ana. (Grant, Haley)
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Filing 29
ORDER SETTING TELEPHONIC STATUS CONFERENCE by Chief Magistrate Judge Gregory B. Wormuth. Telephonic Status Conference set for 4/12/2023 at 2:00 p.m. in Las Cruces. Counsel shall call Judge Wormuth's teleconference line at (877) 402-9753, access code 7578461, to connect to the proceedings. (es)
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Filing 28
NOTICE by Ramiro Alcala re #26 MOTION for Partial Summary Judgment and Qualified Immunity Against Counts I, II, and IV Notice of Agreed Upon Extension (Quijano, Alyssa)
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Filing 27
NOTICE by Board of County Commissioners of the County of Dona Ana, Arturo Ortega re #26 MOTION for Partial Summary Judgment and Qualified Immunity Against Counts I, II, and IV of Filing Audio/Visual (Martinez, Damian)
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Filing 26
MOTION for Partial Summary Judgment and Qualified Immunity Against Counts I, II, and IV by Board of County Commissioners of the County of Dona Ana, Arturo Ortega, Kim Stewart. (Martinez, Damian)
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Filing 25
CERTIFICATE OF SERVICE by Board of County Commissioners of the County of Dona Ana Supplemental Initial Disclosures (Grant, Haley)
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Filing 24
***FILED IN ERROR*** CERTIFICATE OF SERVICE by Board of County Commissioners of the County of Dona Ana (Grant, Haley) Modified text on 2/3/2023 add error language per attorney request. Wrong document attached (gr).
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Filing 23
Joint Status Report Amended by Board of County Commissioners of the County of Dona Ana (Grant, Haley)
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Filing 22
ORDER SETTING PRETRIAL DEADLINES AND BRIEFING SCHEDULE by Chief Magistrate Judge Gregory B. Wormuth. Discovery due June 12, 2023. Dispositive motions due July 12, 2023. (emm)
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Filing 21
Clerk's Minutes for Rule 16 Scheduling Conference held before Chief Magistrate Judge Gregory B. Wormuth on 1/12/2023. (emm)
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Filing 20
MINUTE ORDER by Chief Magistrate Judge Gregory B. Wormuth. The Rule 16 Conference set for 12/16/22 is RESET for January 12, 2023, at 3:00 p.m. Parties shall call Judge Wormuth's teleconference line at (877) 402-9753, access code 7578461, to be connected to the proceedings. All other provisions of the Court's #9 Initial Scheduling Order remain in effect. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (emm)
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Filing 19
**FILED IN ERROR** MINUTE ORDER by Chief Magistrate Judge Gregory B. Wormuth. The Rule 16 Conference set for 12/16/22 is RESET for January 12, 2023, at 3:00 p.m. Parties shall call Judge Wormuth's teleconference line at (877) 402-9753, access code 7578461, to be connected to the proceedings. All other provisions of the Court's #9 Initial Scheduling Order remain in effect. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (emm) Modified text pursuant to chambers on 12/12/2022 (arp).
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Filing 18
Joint Status Report by Board of County Commissioners of the County of Dona Ana (Grant, Haley)
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Filing 17
CERTIFICATE OF SERVICE by Board of County Commissioners of the County of Dona Ana Defendant's Initial Disclosures (Grant, Haley)
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Filing 16
CERTIFICATE OF SERVICE by Ramiro Alcala Plaintiffs Initial Disclosures (Quijano, Alyssa)
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Filing 15
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. 3. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
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Filing 14
NOTICE of Appearance of Blaine T. Mynatt on behalf of Board of County Commissioners of the County of Dona Ana, Arturo Ortega (Martinez, Damian) Modified text pursuant to attorney request received on helpdesk on 11/16/2022 (arp).
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Filing 13
PLEASE TAKE NOTICE that this case has been reassigned to Chief District Judge William P. Johnson 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 Gregory J. Fouratt no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
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Filing 12
NOTICE of Briefing Complete by Board of County Commissioners of the County of Dona Ana re #5 MOTION to Dismiss Count III filed by Board of County Commissioners of the County of Dona Ana (Grant, Haley)
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Filing 11
REPLY to Response to Motion re #5 MOTION to Dismiss Count III filed by Board of County Commissioners of the County of Dona Ana. (Grant, Haley)
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Filing 10
RESPONSE to Motion re #5 MOTION to Dismiss Count III filed by Ramiro Alcala. (Jones, Henry)
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Filing 9
INITIAL SCHEDULING ORDER by Chief Magistrate Judge Gregory B. Wormuth. Joint Status Report due by 12/2/2022. Telephonic Rule 16 Scheduling Conference set for 12/16/2022 at 04:00 PM before Chief Magistrate Judge Gregory B. Wormuth. Parties shall call Judge Wormuth's teleconference line at (877) 402-9753, access code 7578461 to be connected to the proceedings. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 11/10/2022. (es)
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Filing 8
NOTICE OF CONSENT SUBMISSION DEADLINE by Magistrate Judge Gregory J. Fouratt. In light of the pending dispositive motion, and 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 this matter will be reassigned to a district judge as presiding judge unless written consent from all parties is filed by November 10, 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.]
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Filing 7
Arturo Ortega's ANSWER to Complaint (Notice of Removal) by Arturo Ortega. (Grant, Haley)
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Filing 6
DAC BOCC's ANSWER to Complaint (Notice of Removal) by Board of County Commissioners of the County of Dona Ana. (Grant, Haley)
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Filing 5
MOTION to Dismiss Count III by Board of County Commissioners of the County of Dona Ana. (Grant, Haley)
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Filing 4
NOTICE by Board of County Commissioners of the County of Dona Ana (Grant, Haley)
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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.] (dr)
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United States Magistrate Judge Gregory J. Fouratt and United States Chief Magistrate Judge Gregory B. Wormuth assigned. (dr)
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Filing 1
NOTICE OF REMOVAL by All Defendants from Third Judicial District Court, County of Dona Ana, State of New Mexico, case number D-307-CV-2021-00904. ( Filing Fee - Online Payment), filed by All Defendants. (Attachments: #1 Exhibit Third Amended Complaint, #2 Exhibit Second Amended Complaint, #3 Exhibit First Amended Complaint, #4 Exhibit Original Complaint, #5 Exhibit State Court Pleadings, #6 Exhibit Notice of Removal to State Court, #7 Exhibit State Court Register of Actions, #8 Civil Cover Sheet Civil Cover Sheet JS 44)(Martinez, Damian)
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Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8498920 re #1 Notice of Removal,, filed by Kim Stewart, Board of County Commissioners of the County of Dona Ana, New Mexico, Arturo Ortega (Payment made via Pay.gov)(Martinez, Damian)
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