Flores et al v. Chaves County Sheriff's Office et al
| Beverly Flores, Jose A. Barron and Selena Villa |
| Chavez County Sheriff's Office, Mike Herrington, David Whitzel, Samuel Luera, Ricardo Delgado, Andres Salas, Issac Nava, Roswell Police Department, Phil Smith, Abrem Atencio, Daniel Flott, Trevis Reese, Mark Fuentes, Todd Shangrod, Cody Schwarts, Steven Rosser, Brandon Speights, Adam Rhodes, Bradly M. Bailey, Conner Watkins, Anna Romero, Humberto Loya, Crystal Gonzales, Derik Little, Gustavo Garcia, Joe A. Smith, Da'Za Nique Kidd, James I. Aguilar, Richard R. Romero, Cammie Aguirre and John Doe 1-2 |
| 2:2023cv00762 |
| September 7, 2023 |
| US District Court for the District of New Mexico |
| Gregory J Fouratt |
| Matthew L Garcia |
| Gregory B Wormuth |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| None |
Docket Report
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| Filing 29 RESPONSE in Opposition re #23 MOTION to Remove Chaves County Sherrifs Office (CCSO) Motion to Dismiss Chaves County Sherriff's Office (CCSO) is not a Suable Entity and Naming Correct Entity filed by Chavez County Sheriff's Office. (Martinez, Jonlyn) |
| Filing 28 RESPONSE in Opposition re #22 MOTION for Extension of Time to Amend filed by Chavez County Sheriff's Office. (Martinez, Jonlyn) |
| Filing 27 RESPONSE in Opposition re #21 MOTION To Respectfully Request Presiding Judge to Appoint Petitioner Flores as Representative of the Estate of Victor. I. Barron (Decedent) filed by Chavez County Sheriff's Office. (Martinez, Jonlyn) |
Filing 26
ORDER FINDING GOOD CAUSE TO DELAY SCHEDULING ORDER by Magistrate Judge Gregory J. Fouratt. Pursuant to Federal Rule of Civil Procedure 16(b)(2), the Court FINDS good cause to delay entering a Rule 16 scheduling order in this case until after resolution of the pending dispositive motions [ECFs 3-4, 8, 13, 19-23]. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (am)
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| Filing 25 NOTICE of Briefing Complete by Chavez County Sheriff's Office re #19 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chavez County Sheriff's Office (Martinez, Jonlyn) |
| Filing 24 REPLY to Response to Motion re #19 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chavez County Sheriff's Office. (Attachments: #1 Exhibit Return of Service for Sheriff's Office, #2 Exhibit Return of Service for Defendant Whitzel) (Martinez, Jonlyn) |
| Filing 23 Petitioners MOTION to Remove Chaves County Sherrifs Office (CCSO) Motion to Dismiss Chaves County Sherriff's Office (CCSO) is not a Suable Entity and Naming Correct Entity by Beverly Flores. (fs) |
| Filing 22 Petitioner's MOTION to Request Extension of Time to File Second Amended Complaint to Remedy Defects on Pleadings by Beverly Flores. (fs) |
| Filing 21 Petitioner's MOTION To Respectfully Request Presiding Judge to Appoint Petitioner Flores as Representative of the Estate of Victor I. Barron (Decedent) by Beverly Flores. (fs) |
| Filing 20 Petitioner's MOTION To Answer Respondents Chaves County Sherrif's Motion to Dismiss re #19 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Beverly Flores. (fs) |
| Filing 19 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Chavez County Sheriff's Office. (Martinez, Jonlyn) |
| Filing 18 NOTICE by Chavez County Sheriff's Office re #1 Notice of Removal, of Consent to Removal (Martinez, Jonlyn) |
| Filing 17 NOTICE of Appearance by Jonlyn M Martinez on behalf of Chavez County Sheriff's Office (Martinez, Jonlyn) |
| Filing 16 NOTICE of Briefing Complete by Roswell Police Department re #13 MOTION filed by Beverly Flores, #4 Opposed MOTION to Dismiss in Lieu of Answer Under Rule 1-012(B)(6) because the Complaint is Deficient Under Iqbal-Twombly Standards filed by Da'Za Nique Kidd, Conner Watkins, Brandon Speights, Derik Little, Todd Shangrod, Phil Smith, Bradly M. Bailey, Abrem Atencio, Cammie Aguirre, Joe A. Smith, Richard R. Romero, Gustavo Garcia, Anna Romero, Daniel Flott, Mark Fuentes, Trevis Reese, Adam Rhodes, Steven Rosser, Crystal Gonzales, Humberto Loya, James I. Aguilar, Cody Schwarts (Cabello, Roberto) |
| Filing 15 REPLY to Response to Motion re #13 MOTION filed by James I. Aguilar, Cammie Aguirre, Abrem Atencio, Bradly M. Bailey, Daniel Flott, Mark Fuentes, Gustavo Garcia, Crystal Gonzales, Da'Za Nique Kidd, Derik Little, Humberto Loya, Trevis Reese, Adam Rhodes, Anna Romero, Richard R. Romero, Steven Rosser, Roswell Police Department, Cody Schwarts, Todd Shangrod, Joe A. Smith, Phil Smith, Brandon Speights, Conner Watkins. (Cabello, Roberto) |
| Filing 14 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. 6 and 10. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) |
| Filing 13 MOTION to Answer; To Amend Complaint per Discovery by Beverly Flores. (cmm) |
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Filing 12
ORDER by Magistrate Judge Gregory J. Fouratt, granting #7 Plaintiff's MOTION FOR PERMISSION TO E-FILE. (mjm)
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| Filing 11 PLEASE TAKE NOTICE that this case has been randomly reassigned to United States District Judge Matthew L. Garcia 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 9 Pro Se Notification Form to be notified via e-mail by Beverly Flores (vh) |
| Filing 8 Petitioners Motion to Approve Roswell Police Department's Respondent's Motion to Dismiss in Lieu of Answer under Rule 1-012(B)(6) Roswell PD is not a Justiciable Entity by Beverly Flores. (vh) |
| Filing 7 MOTION for Leave to Electronically File by Beverly Flores. (vh) |
| Filing 5 CM/ECF PRO SE Notification Form by Beverly Flores (ac) |
| Filing 4 Opposed MOTION to Dismiss in Lieu of Answer Under Rule 1-012(B)(6) because the Complaint is Deficient Under Iqbal-Twombly Standards by James I. Aguilar, Cammie Aguirre, Abrem Atencio, Bradly M. Bailey, Daniel Flott, Mark Fuentes, Gustavo Garcia, Crystal Gonzales, Da'Za Nique Kidd, Derik Little, Humberto Loya, Trevis Reese, Adam Rhodes, Anna Romero, Richard R. Romero, Steven Rosser, Cody Schwarts, Todd Shangrod, Joe A. Smith, Phil Smith, Brandon Speights, Conner Watkins. (Cabello, Roberto) |
| Filing 3 Opposed MOTION to Dismiss in Lieu of Answer Under Rule 1-012(B)(6) by Roswell Police Department. (Cabello, Roberto) |
| 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 Roswell Police Department from Fifth Judicial District Court, case number D-504-CV-2023-00283. ( Filing Fee - Online Payment), filed by Roswell Police Department. (Attachments: #1 Exhibit First Amended Complaint, #2 Exhibit Notice to State Court of Removal to Federal District Court, #3 Exhibit Original Complaint and ROS, #4 Exhibit State Court Docket, #5 Exhibit Civil Cover Sheet)(Mynatt, Blaine) |
| Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8995301 re #1 Notice of Removal, filed by Roswell Police Department (Payment made via Pay.gov)(Mynatt, Blaine) |
| United States Chief Magistrate Judge Gregory B. Wormuth and United States Magistrate Judge Gregory J. Fouratt assigned. (bc) |
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