Marta v. City of Las Cruces et al
Plaintiff: Danny Marta
Defendant: City of Las Cruces and Misael Ibarra
Case Number: 2:2023cv00192
Filed: March 7, 2023
Court: US District Court for the District of New Mexico
Presiding Judge: Kevin R Sweazea
Referring Judge: Gregory B Wormuth
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 23, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 3, 2023 Opinion or Order Filing 19 NOTICE of Appearance by Blaine T. Mynatt on behalf of City of Las Cruces, Misael Ibarra (Mynatt, Blaine)
April 13, 2023 Opinion or Order Filing 18 REPLY to Response to Motion re #10 MOTION to Dismiss filed by City of Las Cruces, Misael Ibarra. (Grant, Haley)
April 13, 2023 Opinion or Order Filing 17 ORDER SETTING TRIAL SCHEDULING CONFERENCE by Chief Magistrate Judge Gregory B. Wormuth. Trial Scheduling Conference set for June 27, 2023, at 2:00 PM. Parties shall call Judge Wormuth's teleconference line at (877) 402-9753, access code 7578461, to connect to the proceedings. (emm)
April 12, 2023 Opinion or Order Filing 16 RESPONSE to Motion re #10 MOTION to Dismiss filed by Danny Marta. (Cardenas, Christopher)
April 12, 2023 Opinion or Order Filing 15 NOTICE of Briefing Complete by City of Las Cruces, Misael Ibarra re #10 MOTION to Dismiss filed by Misael Ibarra, City of Las Cruces (Grant, Haley)
April 11, 2023 Opinion or Order Filing 14 INITIAL SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Joint Status Report due by May 30, 2023. Telephonic Scheduling Conference set for June 6, 2023 at 09:30 AM. (atc)
April 4, 2023 Opinion or Order Filing 13 ORDER DENYING AS MOOT DEFENDANT CITY OF LAS CRUCES' MOTION TO DISMISS by Chief Magistrate Judge Gregory B. Wormuth denying as moot #5 Defendant City of Las Cruces' Motion to Dismiss Plaintiff's Civil Complaint for Damages (Doc. 1-1). (emm)
March 29, 2023 Opinion or Order Filing 12 NOTICE by City of Las Cruces, Misael Ibarra of Withdrawal of Counsel Damian L. Martinez (Grant, Haley)
March 22, 2023 Opinion or Order Filing 11 Defendant City of Las Cruces' ANSWER to Complaint by City of Las Cruces, Misael Ibarra. Related document: #7 Amended Complaint filed by Danny Marta.(Grant, Haley)
March 22, 2023 Opinion or Order Filing 10 MOTION to Dismiss by City of Las Cruces, Misael Ibarra. (Grant, Haley)
March 14, 2023 Opinion or Order Filing 9 Defendant Misael Ibarra's ANSWER to Complaint by City of Las Cruces, Misael Ibarra. Related document: #7 Amended Complaint filed by Danny Marta.(Grant, Haley)
March 13, 2023 Opinion or Order Filing 8 NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 6 Consent to Proceed Before a U.S. Magistrate Judge filed by Danny Marta, 3 Consent to Proceed Before a U.S. Magistrate Judge filed by Misael Ibarra & City of Las Cruces. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kls)
March 7, 2023 Opinion or Order Filing 7 AMENDED COMPLAINT For Damages against Danny Marta., filed by Danny Marta. (Cardenas, Christopher)
March 7, 2023 Opinion or Order Filing 6 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Danny Marta voluntarily consent(s) to have United States Chief Magistrate Judge Gregory B. Wormuth conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Cardenas, Christopher)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
March 7, 2023 Opinion or Order Filing 5 Opposed MOTION to Dismiss Plaintiff's Civil Complaint for Damages [Doc. 1-1] by City of Las Cruces. (Martinez, Damian)
March 7, 2023 Opinion or Order Filing 4 Defendant Ibarra's ANSWER to Complaint (Notice of Removal) by Misael Ibarra. (Martinez, Damian)
March 7, 2023 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, Misael Ibarra voluntarily consent(s) to have United States Chief Magistrate Judge Gregory B. Wormuth 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.]
March 7, 2023 Opinion or Order Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Chief Magistrate Judge Gregory B. Wormuth 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)
March 7, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL by Misael Ibarra, City of Las Cruces from State of New Mexico, County of Dona Ana, Third Judicial District Court, case number D-307-CV-2023-00153. ( Filing Fee - Online Payment), filed by Misael Ibarra, City of Las Cruces. (Attachments: #1 Exhibit State Court Pleadings, #2 Civil Cover Sheet)(Martinez, Damian)
March 7, 2023 Opinion or Order Chief United States Magistrate Judge Gregory B. Wormuth and United States Magistrate Judge Kevin R. Sweazea assigned. (jg)
March 7, 2023 Opinion or Order Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8716616 re #1 Notice of Removal, filed by Misael Ibarra, City of Las Cruces (Payment made via Pay.gov)(Martinez, Damian)

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Plaintiff: Danny Marta
Represented By: Christopher K.P. Cardenas
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Defendant: City of Las Cruces
Represented By: Damian L Martinez
Represented By: Blaine T. Mynatt
Represented By: Haley R. Grant
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Defendant: Misael Ibarra
Represented By: Damian L Martinez
Represented By: Blaine T. Mynatt
Represented By: Haley R. Grant
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