Griffin et al v. City of Artesia et al
| Noah Patrick Griffin, Rose Wissiup and Danielle Page |
| City of Artesia, Eddy County, Rigo Chavez, Jon Perez, Ryan Rodriguez, Dillon Ripley, Lorenzo Cardona, Jim Minter, David Bailey, Rafael Zamarron, Kirk E. Roberts, Ofc. Johns Doe, The State of New Mexico and Dianna Luce |
| 2:2023cv00215 |
| March 13, 2023 |
| US District Court for the District of New Mexico |
| Gregory J Fouratt |
| Jerry H Ritter |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.
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Filing 37
DEMAND for Trial by Jury by Noah Patrick Griffin, Danielle Page, Rose Wissiup (Stone, B.W.)
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Filing 36
NOTICE of Briefing Complete by City of Artesia re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Artesia (Evans, Bryan)
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Filing 35
REPLY to Response to Motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Artesia. (Evans, Bryan)
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Filing 34
REPLY to Response to Motion re #6 MOTION to Dismiss Plaintiffs' Complaint filed by Dianna Luce, The State of New Mexico. (Carrillo, Raul)
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Filing 33
ORDER Vacating Status Conference Order by Magistrate Judge Jerry H. Ritter. Upon review of the docket, the Court finds there is no need for the Status Conference set for Thursday, April 13, 2023. I hereby VACATE 28 ORDER Setting Status Conference and all deadlines associated with it. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sjl)
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Filing 32
NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 3 Consent to Proceed Before a U.S. Magistrate Judge, filed by Eddy County, 15 Consent to Proceed Before a U.S. Magistrate Judge, filed by Lorenzo Cardona, 16 Consent to Proceed Before a U.S. Magistrate Judge, filed by Jim Minter, 13 Consent to Proceed Before a U.S. Magistrate Judge, filed by Ryan Rodriguez, 17 Consent to Proceed Before a U.S. Magistrate Judge, filed by David Bailey, 31 Consent to Proceed Before a U.S. Magistrate Judge, filed by Rigo Chavez, 12 Consent to Proceed Before a U.S. Magistrate Judge, filed by Jon Perez, 26 Consent to Proceed Before a U.S. Magistrate Judge, filed by Danielle Page, Noah Patrick Griffin, Rose Wissiup, 21 Consent to Proceed Before a U.S. Magistrate Judge, filed by Dianna Luce, The State of New Mexico, 19 Consent to Proceed Before a U.S. Magistrate Judge, filed by Kirk E. Roberts, 11 Consent to Proceed Before a U.S. Magistrate Judge, filed by City of Artesia, 18 Consent to Proceed Before a U.S. Magistrate Judge, filed by Rafael Zamarron, 14 Consent to Proceed Before a U.S. Magistrate Judge, filed by Dillon Ripley. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cfa)
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Filing 31
CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Rigo Chavez 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. (Rogers, Cody)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 30
NOTICE by Rigo Chavez re #1 Notice of Removal, Consent to Removal (Rogers, Cody)
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Filing 29
NOTICE of Appearance by Cody R. Rogers on behalf of Rigo Chavez (Rogers, Cody)
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Filing 28
ORDER setting Status Conference by Magistrate Judge Jerry H. Ritter. Status Conference set for April 13, 2023 (4/13/2023) at 10:15 AM in Las Cruces - 480 Picacho Courtroom (South Tower) before Magistrate Judge Jerry H. Ritter. Counsel appearing remotely shall call my toll-free AT&T conference line at (888) 278-0296, enter access code 9998216, and press # to be joined to the proceedings. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sjl)
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Filing 27
RESPONSE in Opposition re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Artesia and police-officer Defendants filed by Noah Patrick Griffin, Danielle Page, Rose Wissiup. (Stone, B.W.)
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Filing 26
CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Noah Patrick Griffin, Danielle Page, Rose Wissiup 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. (Stone, B.W.)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 25
RESPONSE in Opposition re #6 MOTION to Dismiss Plaintiffs' Complaint by State of New Mexico and Dianna Luce filed by Noah Patrick Griffin, Danielle Page, Rose Wissiup. (Stone, B.W.)
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Filing 24
NOTICE of Briefing Complete by Eddy County re #4 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Eddy County (Martinez, Jonlyn)
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Filing 23
NOTICE by Eddy County re #22 Reply to Response to Motion of attachment of Exhibit (Attachments: #1 Exhibit Order of Release) (Martinez, Jonlyn)
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Filing 22
REPLY to Response to Motion re #4 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Eddy County. (Martinez, Jonlyn)
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Filing 21
CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Dianna Luce, The State of New Mexico 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. (Carrillo, Raul)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 20
RESPONSE in Opposition re #4 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Eddy County filed by Noah Patrick Griffin, Danielle Page, Rose Wissiup. (Stone, B.W.)
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Filing 19
CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Kirk E. Roberts 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. (Evans, Bryan)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 18
CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Rafael Zamarron 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. (Evans, Bryan)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 17
CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), David Bailey 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. (Evans, Bryan)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 16
CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Jim Minter 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. (Evans, Bryan)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 15
CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Lorenzo Cardona 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. (Evans, Bryan)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 14
CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Dillon Ripley 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. (Evans, Bryan)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 13
CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Ryan Rodriguez 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. (Evans, Bryan)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 12
CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Jon Perez 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. (Evans, Bryan)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 11
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 Artesia 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. (Evans, Bryan)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 10
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 April 13, 2023. 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 9
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Artesia. (Evans, Bryan)
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Filing 8
NOTICE by Dianna Luce, The State of New Mexico re #1 Notice of Removal, (Carrillo, Raul)
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Filing 7
ORDER Finding Good Cause to Delay Issuance of a Scheduling Order and Setting Deadline to Consent to Presiding Magistrate by Magistrate Judge Jerry H. Ritter. Defendant Eddy County's #4 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Defendant Dianna Luce's #6 MOTION to Dismiss Plaintiffs' Complaint may each be dispositive of claims and, if granted, would partly or wholly eliminate the need for discovery. Per Fed. R. Civ. P. 16(b)(2), I thus find good cause to delay issuance of a scheduling order in this case until the motions are resolved. Further, 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 April 11, 2023. The parties are free to withhold consent. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sjl)
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Filing 6
MOTION to Dismiss Plaintiffs' Complaint by Dianna Luce, The State of New Mexico. (Carrillo, Raul) Modified filed date on 3/21/2023 (kg).
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Filing 5
***FILED IN ERROR*** NOTICE by Dianna Luce, The State of New Mexico re #1 Notice of Removal, (Carrillo, Raul) Modified on 3/21/2023 (jg).
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Filing 4
Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Eddy County. (Martinez, Jonlyn)
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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), Eddy County 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, Jonlyn)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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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.] (jg)
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Filing 1
NOTICE OF REMOVAL by Eddy County from Fifth Judicial District Court, case number D-503-CV-2023-00115. ( Filing Fee - Online Payment), filed by Eddy County. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Amended Complaint, #3 Exhibit State Court Filings)(Martinez, Jonlyn)
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Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8726234 re #1 Notice of Removal, filed by Eddy County (Payment made via Pay.gov)(Martinez, Jonlyn)
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United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Jerry H. Ritter assigned. (jg)
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Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (jg)
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