Bustamante v. Eddy County Board of Commissioners et al
| Jaime Aceves Bustamante |
| Eddy County Board of Commissioners, Billy Massingill, Edgar Aleman, Cheyenne Andrade and Michael Nettles |
| 2:2023cv01164 |
| December 29, 2023 |
| US District Court for the District of New Mexico |
| Gregory J Fouratt |
| Kenneth J Gonzales |
| Jerry H Ritter |
| 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 February 9, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 NOTICE of Briefing Complete by Edgar Aleman, Eddy County Board of Commissioners, Billy Massingill re #3 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Eddy County Board of Commissioners, Edgar Aleman, Billy Massingill (Martinez, Jonlyn) |
| Filing 11 REPLY to Response to Motion re #3 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Edgar Aleman, Eddy County Board of Commissioners, Billy Massingill. (Martinez, Jonlyn) |
Filing 10
ORDER Finding Good Cause to Delay Issuance of Scheduling Order by Magistrate Judge Jerry H. Ritter. Defendants' #3 Opposed 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 9 NOTICE by Jaime Aceves Bustamante re #8 Response to Motion Lodging of Video Exhibits 1, 2, and 3 (Kennedy, Joseph) |
| Filing 8 RESPONSE to Motion re #3 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jaime Aceves Bustamante. (Kennedy, Joseph) |
| Filing 7 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. 4. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) |
| Filing 6 PLEASE TAKE NOTICE that this case has been reassigned to 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. Magistrate Judge Gregory J. Fouratt no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) |
| Filing 5 NOTICE OF CONSENT SUBMISSION DEADLINE by Magistrate Judge Gregory J. Fouratt. In light of the pending dispositive motion, and 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 this matter will be reassigned to a district judge as presiding judge if written consents from all parties have not been filed by January 19, 2024. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (am)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 3 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Edgar Aleman, Eddy County Board of Commissioners, Billy Massingill. (Martinez, Jonlyn) |
| Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory J. Fouratt 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 Edgar Aleman, Billy Massingill, Eddy County Board of Commissioners from Fifth Judicial District Court, case number D-503-CV-2023-00875. ( Filing Fee - Online Payment), filed by Edgar Aleman, Billy Massingill, Eddy County Board of Commissioners. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Plaintiff's Complaint, #3 Exhibit)(Martinez, Jonlyn) |
| Filing and Administrative Fees Received: $ 405 receipt number ANMDC-9150318 re #1 Notice of Removal, filed by Eddy County Board of Commissioners, Edgar Aleman, Billy Massingill (Payment made via Pay.gov)(Martinez, Jonlyn) |
| United States Magistrate Judge Gregory J. Fouratt 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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