Garcia v. City of Carlsbad
| Gerardo Garcia |
| City of Carlsbad |
| 2:2023cv00528 |
| June 20, 2023 |
| US District Court for the District of New Mexico |
| Jerry H Ritter |
| David H Urias |
| Gregory B Wormuth |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on August 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 3. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) |
| Filing 15 RESPONSE to Motion re #10 MOTION to Transfer Case filed by City of Carlsbad. (Long, Nancy) |
| Filing 14 RESPONSE to Motion re #9 MOTION for Order filed by City of Carlsbad. (Long, Nancy) |
| Filing 13 NOTICE of Briefing Complete by City of Carlsbad re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Carlsbad (Long, Nancy) |
| Filing 12 REPLY to Response to Motion re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Carlsbad. (Long, Nancy) |
| Filing 11 PLEASE TAKE NOTICE that this case has been randomly reassigned to District Judge David H. Urias 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. Chief Magistrate Jud Gregory B. Wormuth no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc) |
| Filing 10 MOTION TO TRANSFER TO SUPREME COURT by Gerardo Garcia. (cer) |
| Filing 9 MOTION TO PROCEED by Gerardo Garcia. (cer) |
| Filing 8 PLAINTIFF'S OPPOSITION TO DISMISS re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gerardo Garcia. (cer) |
| Filing 7 NOTICE of Briefing Complete by City of Carlsbad re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Carlsbad (Long, Nancy) |
| Filing 6 NOTICE OF CONSENT SUBMISSION DEADLINE: 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 the Clerk will reassign this matter to a district judge as the trial judge no later than 21 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. (kls)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
Filing 5
ORDER Finding Good Cause to Delay Issuance of Scheduling Order by Magistrate Judge Jerry H. Ritter. Defendant City of Carlsbad's #4 MOTION TO DISMISS FOR 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.] (ama)
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| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Carlsbad. (Long, Nancy) |
| 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.] (bc) |
| Filing 1 NOTICE OF REMOVAL by City of Carlsbad from Fifth Judicial District, case number D-503-CV-2023-00375. ( Filing Fee - Online Payment), filed by City of Carlsbad. (Attachments: #1 Civil Cover Sheet)(Long, Nancy) |
| Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8879891 re #1 Notice of Removal filed by City of Carlsbad (Payment made via Pay.gov)(Long, Nancy) |
| United States Chief Magistrate Judge Gregory B. Wormuth and United States 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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| Plaintiff: Gerardo Garcia | |
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| Defendant: City of Carlsbad | |
| Represented By: | Jonas Nahoum |
| Represented By: | Nancy Ruth Long |
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