Three J. Hospitality LLC v. Mesa Underwriters Specialty Insurance Company et al
Plaintiff: Three J. Hospitality LLC
Defendant: Mesa Underwriters Specialty Insurance Company and Omar Rogers
Case Number: 2:2023cv01045
Filed: November 22, 2023
Court: US District Court for the District of New Mexico
Presiding Judge: Judith C Herrera
Referring Judge: Damian L Martinez
2 Judge: Jerry H Ritter
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441 Petition For Removal--Other Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 18, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 18, 2024 Filing 34 Surreply REPLY on Plaintiff's Motion to Remand re #13 Opposed MOTION to Remand to State Court Second Judicial District Court of New Mexico, #29 Reply to Response to Motion, #23 Response to Motion filed by Mesa Underwriters Specialty Insurance Company. (Pullen, Lisa)
January 18, 2024 Opinion or Order Filing 33 ORDER by District Judge Judith C. Herrera granting #30 Defendant Mesa Underwriters Specialty Insurance Co.'s Motion for Leave to File Surreply (baw)
January 16, 2024 Filing 32 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. 15 and 24. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
January 12, 2024 Filing 31 NOTICE by Mesa Underwriters Specialty Insurance Company Supplemental Notice of Filing of State-Court File (Pullen, Lisa)
January 10, 2024 Filing 30 MOTION for Leave to File Surreply by Mesa Underwriters Specialty Insurance Company. (Attachments: #1 Exhibit Exhibit A) (Wesner, David)
January 9, 2024 Filing 29 REPLY to Response to Motion re #13 Opposed MOTION to Remand to State Court Second Judicial District Court of New Mexico filed by Three J. Hospitality LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Branch, Brian)
January 8, 2024 Filing 28 SUPPLEMENT re #23 Response to Motion by Mesa Underwriters Specialty Insurance Company (Wesner, David) Modified Title on 1/10/2024 (bap).
January 8, 2024 Filing 27 SUPPLEMENT TO SECOND AMENDED NOTICE OF REMOVAL Doc. No. #20 by Mesa Underwriters Specialty Insurance Company (Wesner, David) Modified Title on 1/10/2024 (bap).
January 5, 2024 Filing 26 NOTICE by Omar Rogers OF CONSENT TO REMOVAL (Goodman, Justin)
January 4, 2024 Filing 25 PLEASE TAKE NOTICE that this case has been randomly reassigned to United States District Judge Judith C. Herrera 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)
December 26, 2023 Filing 23 RESPONSE to Motion re #13 Opposed MOTION to Remand to State Court Second Judicial District Court of New Mexico filed by Mesa Underwriters Specialty Insurance Company. (Wesner, David)
December 26, 2023 Filing 22 Corporate Disclosure Statement by Omar Rogers (Goodman, Justin)
December 26, 2023 Filing 21 DEFENDANT OMAR ROGERS ANSWER to Complaint (Notice of Removal) FOR BREACH OF CONTRACT, BAD FAITH INSURANCE CONDUCT, VIOLATIONS OF NEW MEXICO UNFAIR INSURANCE PRACTICES ACT, AND NEGLIGENCE by Omar Rogers. (Goodman, Justin)
December 22, 2023 Filing 20 SECOND AMENDED NOTICE OF REMOVAL by Mesa Underwriters Specialty Insurance Company (Attachments: #1 Exhibit, #2 Exhibit) (Wesner, David) Modified on 1/10/2024 per chambers' request BW (bap).
December 19, 2023 Filing 19 NOTICE by Mesa Underwriters Specialty Insurance Company Of Filing State-Court Records (Attachments: #1 Exhibit) (Pullen, Lisa)
December 13, 2023 Filing 18 ANSWER to Complaint (Notice of Removal) by Mesa Underwriters Specialty Insurance Company. (Pullen, Lisa)
December 13, 2023 Filing 17 Corporate Disclosure Statement by Three J. Hospitality LLC (Branch, Brian)
December 12, 2023 Opinion or Order Filing 16 ORDER FINDING GOOD CAUSE TO DELAY ENTRY OF A SCHEDULING ORDER: by United States Magistrate Judge Damian L. Martinez. Considering the pending motion to remand #13 , 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 motion. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (dkf)
December 12, 2023 Opinion or Order Filing 14 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 January 3, 2023 (1/3/2024). The parties are free to withhold consent. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sjl)
December 11, 2023 Filing 13 Opposed MOTION to Remand to State Court Second Judicial District Court of New Mexico by Three J. Hospitality LLC. (Attachments: #1 Exhibit, #2 Exhibit) (Branch, Brian)
December 6, 2023 Filing 12 NOTICE by Mesa Underwriters Specialty Insurance Company of Agreed Extension of Time to File Answer to Plaintiff's Complaint (Wesner, David)
December 4, 2023 Filing 11 NOTICE of Appearance by Justin D Goodman on behalf of Omar Rogers (Goodman, Justin)
November 28, 2023 Opinion or Order Filing 10 Second ORDER by Magistrate Judge Damian L. Martinez requiring parties to file disclosure statements under FRCP 7.1 and requiring Defendant to file amended notice of removal. (dkf)
November 27, 2023 Filing 9 AMENDED NOTICE OF REMOVAL by Mesa Underwriters Specialty Insurance Company Amended Notice of Removal from Second Judicial District Court, case number D202cv202307234. ( Filing Fee - Online Payment), filed by Mesa Underwriters Specialty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Wesner, David) Modified on 11/27/2023 (jg).
November 24, 2023 Opinion or Order Filing 8 ORDER by Magistrate Judge Damian L. Martinez requiring parties to file disclosure statements under FRCP 7.1 and requiring Defendant to file amended notice of removal. (dkf)
November 22, 2023 Filing 7 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.] (jg)
November 22, 2023 Filing 6 NOTICE of Appearance by Lisa Entress Pullen on behalf of Mesa Underwriters Specialty Insurance Company (Pullen, Lisa)
November 22, 2023 Filing 5 NOTICE of Appearance by Lisa Entress Pullen on behalf of Mesa Underwriters Specialty Insurance Company (Pullen, Lisa)
November 22, 2023 Filing 4 APPENDIX/SUPPLEMENT Civil Cover sheet by Mesa Underwriters Specialty Insurance Company (Wesner, David)
November 22, 2023 Filing 3 Corporate Disclosure Statement by Mesa Underwriters Specialty Insurance Company, Omar Rogers (Wesner, David)
November 22, 2023 Filing 2 NOTICE of Appearance by David M Wesner on behalf of Mesa Underwriters Specialty Insurance Company, Omar Rogers (Wesner, David)
November 22, 2023 Filing 1 NOTICE OF REMOVAL by Omar Rogers, Mesa Underwriters Specialty Insurance Company, Mesa Underwriters Specialty Insurance Company, Omar Rogers from Second Judicial District Court, case number D202cv202307234. ( Filing Fee - Online Payment), filed by Omar Rogers, Mesa Underwriters Specialty Insurance Company, Mesa Underwriters Specialty Insurance Company, Omar Rogers. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Wesner, David)
November 22, 2023 Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (jg)
November 22, 2023 Filing and Administrative Fees Received: $ 402 receipt number ANMDC-9104102 re #1 Notice of Removal, filed by Omar Rogers, Mesa Underwriters Specialty Insurance Company (Payment made via Pay.gov)(Pullen, Lisa)
November 22, 2023 United States Magistrate Judge Jerry H. Ritter and United States Magistrate Judge Damian L. Martinez assigned. (jg)

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Plaintiff: Three J. Hospitality LLC
Represented By: Brian K. Branch
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Defendant: Mesa Underwriters Specialty Insurance Company
Represented By: David M Wesner
Represented By: Lisa Entress Pullen
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Defendant: Omar Rogers
Represented By: Justin D Goodman
Represented By: Ryan Schotter
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