Pinon et al v. Union Pacific Railroad Company
| Joseph Pinon and Irene Trujillo |
| Union Pacific Railroad Company |
| 2:2023cv01128 |
| December 19, 2023 |
| US District Court for the District of New Mexico |
| Gregory J Fouratt |
| Kenneth J Gonzales |
| Personal Injury: Other |
| 28 U.S.C. ยง 1446 Petition for Removal- Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 7, 2024. A more recent docket listing may be available from PACER.
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Filing 14
ORDER by District Judge Kenneth J. Gonzales granting #13 Unopposed Motion for Extension of Time to File Reply to #12 Plaintiffs' Response to Motion to Dismiss. Reply due by 2/22/2024. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (tah)
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 Response to Motion, by Union Pacific Railroad Company. (Neill, Cari) |
| Filing 12 RESPONSE to Motion re #5 MOTION to Dismiss Under Fed.R.Civ.P. 12(b)(5) filed by Joseph Pinon, Irene Trujillo. (Attachments: #1 Exhibit Affidavit of Jessie Lundschen, #2 Exhibit Union Pacific Return Receipt 2022 05 11, #3 Exhibit ltr from Union Pacific 2020 06 10, #4 Exhibit Summons Return 2023 12 07, #5 Exhibit Issued Summons 2022 06 08) (Weems, Dathan) |
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Filing 11
ORDER by Magistrate Judge Gregory J. Fouratt GRANTING #10 Stipulated Motion for Extension of Time to Respond to Defendant Union Pacific Railroad Company's Motion to Dismiss. Plaintiffs' Response due by 1/19/2024. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (am)
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| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss Under Fed.R.Civ.P. 12(b)(5) by Joseph Pinon, Irene Trujillo. (Weems, Dathan) |
| Filing 9 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Kenneth J. Gonzales 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. United States Magistrate Judge Kevin R. Sweazea no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) |
| Filing 8 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2) and considering the pending dispositive motion, 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 10 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. (atc)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
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Filing 7
ORDER FINDING GOOD CAUSE TO DELAY ENTERING A SCHEDULING ORDER by Magistrate Judge Gregory J. Fouratt. In light of the pending #5 Motion to Dismiss, the Court hereby finds good cause under Fed. R. Civ. P. 16 to delay holding a scheduling conference and entering a scheduling order. If the presiding judge denies the motion, the Court will set the matter for scheduling. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (am)
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| Filing 6 NOTICE of Appearance by Gina Marie Rossi on behalf of Union Pacific Railroad Company (Rossi, Gina) |
| Filing 5 MOTION to Dismiss Under Fed.R.Civ.P. 12(b)(5) by Union Pacific Railroad Company. (Attachments: #1 Exhibit Exhibit A - Order granting City of Deming MTD, #2 Exhibit Exhibit B - Return of Service Paperwork, #3 Exhibit Exhibit C - Jacob Pinon Complaint) (Neill, Cari) |
| Filing 4 Corporate Disclosure Statement by Union Pacific Railroad Company identifying Corporate Parent Union Pacific Corporation for Union Pacific Railroad Company. (Neill, Cari) |
| Filing 3 NOTICE of Appearance by Cari Neill on behalf of Union Pacific Railroad Company (Neill, Cari) |
| Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kevin R. Sweazea 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 Kevin R. Sweazea and United States Magistrate Judge Gregory J. Fouratt assigned. (dr) |
| Filing 1 NOTICE OF REMOVAL by Union Pacific Railroad Company from Luna County, case number D-619-CV-2022-00043. ( Filing Fee - Online Payment), filed by Union Pacific Railroad Company. (Attachments: #1 Exhibit Exhibit A - Complaint, #2 Exhibit Exhibit B - Return of Service Paperwork, #3 Exhibit Exhibit C - Appearance Docket, #4 Exhibit Exhibit D - Order Granting City of Deming MTD, #5 Exhibit Exhibit E - State Court Notice of Filing Notice of Removal, #6 Civil Cover Sheet Civil Cover Sheet)(Neill, Cari) |
| Filing and Administrative Fees Received: $ 405 receipt number ANMDC-9140999 re #1 Notice of Removal,, filed by Union Pacific Railroad Company (Payment made via Pay.gov)(Neill, Cari) |
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