Newland v. Garcia et al
Plaintiff: Dorothy Newland
Defendant: Oscar Garcia, Blazin Wings, Inc. and Blazin Wings, Inc. doing business as Buffalo Wild Wings
Case Number: 2:2023cv00488
Filed: June 5, 2023
Court: US District Court for the District of New Mexico
Presiding Judge: Gregory J Fouratt
Referring Judge: Kevin R Sweazea
2 Judge: Martha Vazquez
Nature of Suit: Personal Injury: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Personal Injury
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2023 Filing 14 PLEASE TAKE NOTICE that this case has been randomly reassigned to District Judge Martha Vazquez 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.] (bc)
August 3, 2023 Filing 13 NOTICE by Blazin Wings, Inc., Oscar Garcia of Agree Extension to File Response to Motion (Gonzales, Steven)
August 3, 2023 Filing 12 NOTICE by Blazin Wings, Inc., Oscar Garcia of Non-Consent to Proceed Before Magistrate (Gonzales, Steven)
July 21, 2023 Filing 11 MOTION for Leave to File First Amended Complaint To Add Essential Party and Comply with Federal Pleading Standards by Dorothy Newland. (Attachments: #1 Exhibit Exhibit A - Amended Complaint) (Montes, Rachel)
July 21, 2023 Filing 10 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Dorothy Newland 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. (Montes, Rachel)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
July 20, 2023 Filing 9 NOTICE OF CONSENT SUBMISSION DEADLINE by Magistrate Judge Gregory J. Fouratt. 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 the trial judge if written consents from all parties have not been filed by August 29, 2023. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (gbg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
June 27, 2023 Opinion or Order Filing 8 INITIAL SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Joint Status Report due by August 15, 2023. Telephonic Scheduling Conference set for August 22, 2023 at 11:00 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 July 18, 2023. (atc)
June 20, 2023 Filing 7 DEMAND for Trial by Jury by Blazin Wings, Inc., Oscar Garcia (Gonzales, Steven)
June 20, 2023 Filing 6 WAIVER OF SERVICE Returned Executed by Oscar Garcia as to Oscar Garcia. (Gonzales, Steven)
June 12, 2023 Filing 5 ANSWER to Complaint (Notice of Removal) by Blazin Wings, Inc.. (Gonzales, Steven)
June 12, 2023 Filing 4 Corporate Disclosure Statement by Blazin Wings, Inc. identifying Corporate Parent Buffalo Wild Wings, Inc., Corporate Parent ARG Investments Corporation, Corporate Parent IRB Holding Corp., Corporate Parent ARG IH, LLC, Corporate Parent Inspire Brands, Inc. for Blazin Wings, Inc.. (Gonzales, Steven)
June 5, 2023 Filing 3 APPENDIX/SUPPLEMENT re #1 Notice of Removal,, by Oscar Garcia (Attachments: #1 Exhibit Docket Sheet and filings-amended) (Gonzales, Steven)
June 5, 2023 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)
June 5, 2023 Filing 1 NOTICE OF REMOVAL by Oscar Garcia from Santa Fe, case number D-101-CV-2023-01009. ( Filing Fee - Online Payment), filed by Oscar Garcia. (Attachments: #1 Exhibit Exhibit 1 - Complaint, #2 Exhibit Exhibit 2 - Garcia Declaration, #3 Exhibit Exhibit 3 - Ensminger Declaration, #4 Exhibit Exhibit 4 - Demand Letter, #5 Exhibit Exhibit 5 - State Court Notice of Filing Notice of Removal, #6 Exhibit Exhibit 6 - Docket Sheet and filings, #7 Civil Cover Sheet Civil Cover Sheet)(Gonzales, Steven)
June 5, 2023 Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8856624 re #1 Notice of Removal,, filed by Oscar Garcia (Payment made via Pay.gov)(Gonzales, Steven)
June 5, 2023 United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Kevin R. Sweazea assigned. (jg)
June 5, 2023 Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (jg)

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Plaintiff: Dorothy Newland
Represented By: Rachel Montes
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Defendant: Oscar Garcia
Represented By: Steven L Gonzales
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Defendant: Blazin Wings, Inc.
Represented By: Steven L Gonzales
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Defendant: Blazin Wings, Inc. doing business as Buffalo Wild Wings
Represented By: Steven L Gonzales
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