Lobera v. FedEx Ground Package System, Inc. et al
Plaintiff: Omar Lobera
Defendant: FedEx Ground Package System, Inc. and B&M Industrial, Inc.
Case Number: 2:2024cv00166
Filed: February 20, 2024
Court: US District Court for the District of New Mexico
Presiding Judge: Damian L Martinez
Referring Judge: Kevin R Sweazea
2 Judge: David H Urias
Nature of Suit: Personal Injury: Other
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 10, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 10, 2024 Filing 17 **FILED IN ERROR**REPLY by B&M Industrial, Inc. re #15 RESPONSE to Motion re 8 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Omar Lobera B&M Industrial Reply to Plaintiff's Response (Dixon, Paulette) Modified text on 4/10/2024 (jn). Modified text to mark entry as "Filed in Error" on 4/10/2024 (jn).
April 4, 2024 Filing 16 RESPONSE in Opposition re #14 Opposed MOTION to Remand filed by FedEx Ground Package System, Inc.. (Attachments: #1 Exhibit 1 - Certificate of Insurance, #2 Exhibit 2 - B&M Report, #3 Exhibit 3 - Delgado Cases Table) (Rodriguez, Justin)
March 21, 2024 Filing 15 RESPONSE to Motion re 8 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Omar Lobera. (Valdez, John)
March 21, 2024 Filing 14 Opposed MOTION to Remand by Omar Lobera. (Valdez, John)
March 21, 2024 Filing 13 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. 4 and 10. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
March 19, 2024 Filing 12 PLEASE TAKE NOTICE that this case has been reassigned to District Judge David H. Urias 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 Damian L. Martinez no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (eh)
March 11, 2024 Opinion or Order Filing 11 ORDER FINDING GOOD CAUSE TO DELAY ENTRY OF A SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Considering the pending 8 Motion to Dismiss for Failure to State a Claim, 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 pending motion is resolved. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc)
March 8, 2024 Filing 9 NOTICE OF IMPENDING REASSIGNMENT: 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. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (dkf)
March 6, 2024 Filing 7 NOTICE of Appearance by Timothy S. Hale on behalf of B&M Industrial, Inc. (Hale, Timothy)
March 6, 2024 Filing 6 NOTICE of Appearance by Aaron Randall Kugler on behalf of FedEx Ground Package System, Inc. (Kugler, Aaron)
February 20, 2024 Filing 5 Filing fee: $ 405, receipt number ANMDC-9227647 re #1 NOTICE OF REMOVAL by FedEx Ground Package System, Inc. from Third Judicial District, case number D-307-CV-2023-02448. ( Filing Fee - Online Payment), filed by FedEx Ground Package System, Inc.. (Attachments: # 1 Exhibit Exhibit A - Court Docket, # 2 Exhibit Exhibit B - Corporate standing, # 3 Exhibit Exhibit C Civil Cover Sheet)(Rodriguez, Justin) filed by FedEx Ground Package System, Inc. (arp)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 20, 2024 Filing 3 FedEx Ground Package System, Inc. ANSWER to Complaint (Notice of Removal) by FedEx Ground Package System, Inc.. (Rodriguez, Justin)
February 20, 2024 Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Damian L. Martinez 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.] (eh)
February 20, 2024 Filing 1 NOTICE OF REMOVAL by FedEx Ground Package System, Inc. from Third Judicial District, case number D-307-CV-2023-02448. ( Filing Fee - Online Payment), filed by FedEx Ground Package System, Inc.. (Attachments: #1 Exhibit Exhibit A - Court Docket, #2 Exhibit Exhibit B - Corporate standing, #3 Exhibit Exhibit C Civil Cover Sheet)(Rodriguez, Justin)
February 20, 2024 Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (eh)
February 20, 2024 United States Magistrate Judge Damian L. Martinez and United States Magistrate Judge Kevin R. Sweazea assigned. (eh)

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Plaintiff: Omar Lobera
Represented By: John Paul Valdez
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Defendant: FedEx Ground Package System, Inc.
Represented By: Julia E. McFall
Represented By: Justin D Rodriguez
Represented By: Owen Eugene Barcala
Represented By: Aaron Randall Kugler
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Defendant: B&M Industrial, Inc.
Represented By: Timothy S. Hale
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