Nunez v. City of Las Cruces et al
Plaintiff: Eliazar Nunez
Defendant: City of Las Cruces, Edgar Abundis and Gilbert Sanchez
Case Number: 2:2023cv00320
Filed: April 12, 2023
Court: US District Court for the District of New Mexico
Presiding Judge: Damian L Martinez
Referring Judge: Jerry H Ritter
2 Judge: Kevin R Sweazea
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 June 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 6, 2023 Opinion or Order Filing 19 ORDER by Magistrate Judge Kevin R. Sweazea. Settlement Conference set for September 26, 2023 at 09:00 AM via Zoom. Telephonic Status Conference set for July 18, 2023 at 11:30 AM. Consult Order for associated deadlines. (atc)
June 6, 2023 Opinion or Order Filing 18 SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Discovery due by February 26, 2024. Dispositive Motions due by March 28, 2024. (atc)
June 6, 2023 Opinion or Order Filing 17 ORDER ADOPTING JOINT STATUS REPORT by Magistrate Judge Kevin R. Sweazea. (atc)
June 6, 2023 Filing 16 Clerk's Minutes for proceedings held before Magistrate Judge Kevin R. Sweazea: Scheduling Conference held on 6/6/2023. (atc)
June 2, 2023 Filing 15 CERTIFICATE OF SERVICE by Eliazar Nunez Plaintiff's Amended Disclosures (Cardenas, Christopher)
June 1, 2023 Filing 14 CERTIFICATE OF SERVICE by City of Las Cruces, Gilbert Sanchez Defendants CLC's Amended Initial Disclosures (Grant, Haley)
May 30, 2023 Filing 13 CERTIFICATE OF SERVICE by Edgar Abundis Defendant Edgar Abundis' Rule 26(a)(1) Initial Disclosures (Asbury, C.)
May 30, 2023 Filing 12 Joint Status Report by City of Las Cruces (Grant, Haley)
May 30, 2023 Filing 11 CERTIFICATE OF SERVICE by City of Las Cruces, Gilbert Sanchez (Grant, Haley)
May 24, 2023 Filing 10 CERTIFICATE OF SERVICE by Eliazar Nunez Plaintiff's Disclosures (Cardenas, Christopher)
May 16, 2023 Filing 9 NOTICE of Appearance by C. Ted Asbury on behalf of Edgar Abundis (Asbury, C.)
May 16, 2023 Filing 8 NOTICE of Appearance by Luis E. Robles on behalf of Edgar Abundis (Robles, Luis)
May 1, 2023 Opinion or Order Filing 7 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 10:30 AM. 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 June 9, 2023. (atc)
April 20, 2023 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), Edgar Abundis, City of Las Cruces, Gilbert Sanchez voluntarily consent(s) to have United States Magistrate Judge Jerry H. Ritter conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Springer, Bradley)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
April 20, 2023 Filing 5 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Eliazar Nunez voluntarily consent(s) to have United States Magistrate Judge Jerry H. Ritter 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.]
April 20, 2023 Filing 4 ANSWER to Complaint (Notice of Removal) by Edgar Abundis, City of Las Cruces, Gilbert Sanchez. (Grant, Haley)
April 13, 2023 Filing 3 PLEASE TAKE NOTICE that this case has been reassigned to Magistrate Judge Kevin R. Sweazea as the pretrial 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 Damian L. Martinez no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
April 12, 2023 Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Jerry H. Ritter 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.] (bc)
April 12, 2023 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-2023-00579. ( Filing Fee - Online Payment), filed by All Defendants. (Attachments: #1 Exhibit State Court Pleadings, #2 Exhibit Notice to State Court of Removal to Federal District Court, #3 Exhibit State Court Register of Actions, #4 Civil Cover Sheet JS-44)(Grant, Haley)
April 12, 2023 Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8774231 re #1 Notice of Removal, filed by Edgar Abundis, Gilbert Sanchez, City of Las Cruces (Payment made via Pay.gov)(Grant, Haley)
April 12, 2023 U.S. Magistrate Judge Jerry H. Ritter and U.S. Magistrate Judge Damian L. Martinez assigned. (bc)

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Plaintiff: Eliazar Nunez
Represented By: Christopher K.P. Cardenas
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Defendant: City of Las Cruces
Represented By: Bradley A. Springer
Represented By: Haley R. Grant
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Defendant: Edgar Abundis
Represented By: Bradley A. Springer
Represented By: Haley R. Grant
Represented By: C. Ted Asbury
Represented By: Luis E. Robles
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Defendant: Gilbert Sanchez
Represented By: Bradley A. Springer
Represented By: Haley R. Grant
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