Aragon v. Vander Dussen et al
| Paul Aragon |
| Judge Janemarie Vander Dussen, Curry County, Administrative Office of the Court and Janemarie Vander Dussen |
| 2:2023cv00674 |
| August 14, 2023 |
| US District Court for the District of New Mexico |
| Margaret I Strickland |
| Kevin R Sweazea |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 27 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: Nos. 11, 12, 19 and 21. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) |
| Filing 26 RESPONSE to Motion re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint and Memorandum in Support filed by Paul Aragon. (Larsen, Taylor ) |
| Filing 25 NOTICE by Paul Aragon re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM extension of time to respond (Larsen, Taylor ) |
Filing 24
ORDER by District Judge Margaret I. Strickland DENYING WITHOUT PREJUDICE #16 Defendant Janemarie Vander Dussen's Motion for Judgment on the Pleadings.THIS MATTER is before the Court on a sua sponte review of the record. On September 5, 2023, Plaintiff filed the operative First Amended Complaint. ECF No. #10 . Defendant Curry County filed a Motion to Dismiss, ECF No. #13 , and Defendant Administrative Office of the Courts filed a Motion to Dismiss, ECF No. #14 . Defendant Janemarie Vander Dussen filed an Answer, ECF No. #15 , and a Motion for Judgment on the Pleadings, ECF No. #16 .Federal Rule of Civil Procedure 12(c) provides: "After the pleadings are closed--but early enough not to delay trial--a party may move for judgment on the pleadings." "When a plaintiff files an action against multiple defendants, '[t]he pleadings are not closed until all defendants have filed an answer, even when one defendant has filed a motion to dismiss instead of an answer.'" Gorenc v. Klaasen, Case No. 18-2403-DDC-JPO 2019 WL 2523566, at *2 (D. Kan. June 19, 2019) (quoting Garvey v. Seterus, Inc., CASE NO. 5:16-cv-00209-RLV, 2017 WL 2722307, at *12 (W.D.N.C. June 23, 2017)). "And, until all defendants have filed an answer, 'a remedy under Rule 12(c) is not available.'" Id. (quoting Scottsdale Ins. Co. v. Doe, Civil Action No. 7:13-cv-00342, 2014 WL 3778510, at *3 (W.D. Va. July 30, 2014)). See also Stands Over Bull v. Bureau of Indian Affs., 442 F. Supp. 360, 367 (D. Mont. 1977) ("When a defendant has failed to file an answer, a motion for judgment on the pleadings is not the correct procedural remedy.").Here, because Defendants Curry County and Administrative Office of the Courts have not filed an Answer to the First Amended Complaint, the pleadings are not closed for purposes of a Rule 12(c) motion, and Defendant Janemarie Vander Dussen's Motion for Judgment on the Pleadings is premature. Therefore, it is HEREBY ORDERED that #16 Defendant Janemarie Vander Dussen's Motion for Judgment on the Pleadings is DENIED WITHOUT PREJUDICE. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gri)
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Filing 23
ORDER by District Judge Margaret I. Strickland DENYING AS MOOT #4 County Defendant's Motion to Dismiss in Lieu of an Answer; DENYING AS MOOT #5 Defendant Administrative Office of the Court's Motion to Dismiss; and DENYING AS MOOT #7 Defendant Janemarie Vander Dussen's Motion for Judgment on the Pleadings, in light of the subsequently-filed #10 First Amended Complaint. It is SO ORDERED.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gri)
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| Filing 22 PLEASE TAKE NOTICE that this case has been randomly reassigned to United States District Judge Margaret I. Strickland 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 Jerry H. Ritter no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc) |
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Filing 20
ORDER FINDING GOOD CAUSE TO DELAY ENTRY OF A SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Considering the pending motions seeking dispositive relief, the Court hereby finds good cause under Fed. R. Civ. P. 16 to delay holding a scheduling conference and entering a scheduling order. The Court will set the case for scheduling once the presiding judge resolves the pending motions. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc)
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| Filing 18 RESPONSE to Motion re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Paul Aragon. (Larsen, Taylor ) |
| Filing 17 RESPONSE to Motion re #7 MOTION for Judgment on the Pleadings and Memorandum in Support filed by Paul Aragon. (Larsen, Taylor ) |
| Filing 16 MOTION for Judgment on the Pleadings on Plaintiff's First Amended Complaint and Memorandum in Support by Janemarie Vander Dussen. (Evans, Bryan) |
| Filing 15 ANSWER to #10 Amended Complaint to Plaintiff's First Amended Complaint by Janemarie Vander Dussen.(Evans, Bryan) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint and Memorandum in Support by Administrative Office of the Court. (Evans, Bryan) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Curry County. (Huss, Brandon) |
| Filing 10 AMENDED COMPLAINT against All Defendants., filed by Paul Aragon. (Larsen, Taylor ) |
| Filing 9 RESPONSE to Motion re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Paul Aragon. (Larsen, Taylor ) |
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Filing 8
ORDER Setting Deadline to Consent to Presiding Magistrate by Magistrate Judge Jerry H. Ritter. 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 September 22, 2023. The parties are free to withhold consent. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ama)
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| Filing 7 MOTION for Judgment on the Pleadings and Memorandum in Support by Janemarie Vander Dussen. (Evans, Bryan) |
| Filing 6 Amended ANSWER to Complaint (Notice of Removal) , AMENDED ANSWER to by Janemarie Vander Dussen. (Evans, Bryan) |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support by Administrative Office of the Court. (Evans, Bryan) |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Curry County. (Barnett, Bree) |
| Filing 3 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.] (dr) |
| Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (dr) |
| United States Magistrate Judge Jerry H. Ritter and United States Magistrate Judge Kevin R. Sweazea assigned. (dr) |
| Filing 2 APPENDIX/SUPPLEMENT re #1 Notice of Removal, Civil Cover Sheet by Curry County (Roman, David) |
| Filing 1 NOTICE OF REMOVAL by Curry County from Ninth Judicial District Court, County of Curry, case number D-905-CV-2023-00202. ( Filing Fee - Online Payment), filed by Curry County. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Notice of Recusal, #3 Exhibit C - Notice of Judge Reassignment, #4 Exhibit D - Certificate of Service, #5 Exhibit E - Return of Service, #6 Exhibit F - reSearchNM)(Roman, David) |
| Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8958937 re #1 Notice of Removal, filed by Curry County (Payment made via Pay.gov)(Roman, David) |
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