Goyen, Inc. v Yampolsky, Mardelhoff, Silver and Company, et al
| Goyen, Inc. |
| Yampolsky, Mardelhoff, Silver and Company, Saccomanno and Clegg, LLP and Richard D Sullivan |
| 2:2023cv00385 |
| May 5, 2023 |
| US District Court for the District of New Mexico |
| Damian L Martinez |
| Jerry H Ritter |
| Real Property: Other |
| 28 U.S.C. § 1441 Petition For Removal--Other Contract |
| None |
Docket Report
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This docket was last retrieved on June 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 RESPONSE to Motion re #3 Opposed MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Goyen, Inc.. (Rubin, Jaime) |
| Filing 16 NOTICE by Richard D Sullivan re #1 Notice of Removal, Amended Notice of Removal (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Jackson, Matthew) Modified text per phone call received by attorney's assistant on 6/29/2023 (bap). |
| Filing 15 NOTICE by Goyen, Inc. Notice of Third Agreement to Extend Deadline for Plaintiff to File Response to Defendan't Motion to Dismiss (Rubin, Jaime) |
Filing 14
ORDER by Magistrate Judge Damian L. Martinez. Defendant shall file Amended Notice of Removal no later than 07/03/2023. Plaintiff shall serve remaining defendants or take other appropriate action no later than 08/04/2023. (dkf)
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| Filing 13 Clerk's Minutes for proceedings held before Magistrate Judge Damian L. Martinez: Status Conference held on 6/8/2023. (Recording Info: Liberty MARS) (dkf) |
| Filing 12 NOTICE by Saccomanno and Clegg, LLP, Richard D Sullivan, Yampolsky, Mardelhoff, Silver and Company re #1 Notice of Removal, of Supplement to Notice of Removal (Attachments: #1 Exhibit Doc 1-Summons to Sullivan, #2 Exhibit Doc 2-Notice of Filing in State Ct, #3 Exhibit Doc 3-State Ct Docket) (Jackson, Matthew) |
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Filing 11
ORDER Telephonic Status Conference set for 6/8/2023 at 01:00 PM before Magistrate Judge Damian L. Martinez. (dkf)
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| Filing 10 NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 8 Consent to Proceed Before a U.S. Magistrate Judge, filed by Goyen, Inc., 7 Consent to Proceed Before a U.S. Magistrate Judge, filed by Saccomanno and Clegg, LLP, Richard D Sullivan, Yampolsky, Mardelhoff, Silver and Company. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bw) |
| Filing 9 NOTICE by Goyen, Inc. Notice of Second Agreement to Extend Deadline for Plaintiff to FIle Response to Defendant's Motion to Dismiss (Rubin, Jaime) |
| Filing 8 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Goyen, Inc. voluntarily consent(s) to have United States Magistrate Judge Damian L. Martinez conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Rubin, Jaime)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 7 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Saccomanno and Clegg, LLP, Richard D Sullivan, Yampolsky, Mardelhoff, Silver and Company voluntarily consent(s) to have United States Magistrate Judge Damian L. Martinez conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Jackson, Matthew)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 6 NOTICE OF IMPENDING REASSIGNMENT: Pursuant to Fed. R. Civ. P. 73(b)(2) and considering the pending dispositive motion, 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. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (dkf) |
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Filing 5
ORDER Finding Good Cause to Delay Issuance of Scheduling Order by Magistrate Judge Jerry H. Ritter. Defendant Richard D. Sullivan's #3 Opposed MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim may be dispositive and, if granted, would 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 motion is resolved. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sjl)
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| Filing 4 NOTICE by Goyen, Inc. Notice of Agreement to Extend Deadline for Plaintiff to FIle Response to Defendant's Motion to Dismiss (Rubin, Jaime) |
| Filing 3 Opposed MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Richard D Sullivan. (Attachments: #1 Exhibit 1) (Baker, Mark) |
| Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Damian L. Martinez 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) |
| Filing 1 NOTICE OF REMOVAL by RICHARD D. SULLIVAN, SACCOMANNO & CLEGG, LLP, YAMPOLSKY, MARDELHOFF, SILVER AND COMPANY from Seventh Judicial District, case number D-721-CV-2023-00012. ( Filing Fee - Online Payment), filed by RICHARD D. SULLIVAN, SACCOMANNO & CLEGG, LLP, YAMPOLSKY, MARDELHOFF, SILVER AND COMPANY. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(Baker, Mark) |
| Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8811064 re #1 Notice of Removal, filed by YAMPOLSKY, MARDELHOFF, SILVER AND COMPANY, RICHARD D. SULLIVAN, SACCOMANNO & CLEGG, LLP (Payment made via Pay.gov)(Baker, Mark) |
| U.S. Magistrate Judge Damian L. Martinez and U.S. Magistrate Judge Jerry H. Ritter assigned. (bc) |
| Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (bc) |
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