Armijo v. Foxworth-Galbraith Lumber Company
Plaintiff: Mark Anthony Armijo
Defendant: Orgill, Inc. and US LBM Operating Co 3009 LLC
Case Number: 2:2024cv00883
Filed: September 4, 2024
Court: U.S. District Court for the District of New Mexico
Presiding Judge: Kevin R Sweazea
Referring Judge: David H Urias
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 12, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 30, 2024 Filing 19 Defendant USLBM's ANSWER to #18 Amended Complaint with Jury Demand by US LBM Operating Co 3009 LLC.(Kugler, Aaron) Modified text on 12/31/2024 (bap).
December 27, 2024 Summons Issued on Amended Complaint as to Orgill, Inc. (bc) Modified on 12/27/2024 to correct issued date (eh).
December 17, 2024 Filing 18 AMENDED COMPLAINT PLAINTIFF'S FIRST AMENDED COMPLAINT FOR PERSONAL INJURIES against Mark Anthony Armijo. adding Orgill, Inc.., filed by Mark Anthony Armijo. (Isaac, Joseph)
December 17, 2024 Filing 17 STIPULATION of the Parties by Foxworth-Galbraith Lumber Company (Kugler, Aaron)
December 17, 2024 Opinion or Order Filing 16 ORDER by Magistrate Judge Kevin R. Sweazea granting #15 PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE PLAINTIFF'S FIRST AMENDED COMPLAINT. Plaintiff is directed to file the first amended complaint and effect service on any newly named defendant(s) forthwith. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (ldm)
December 16, 2024 Filing 15 Unopposed MOTION for Leave to File PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE PLAINTIFF'S FIRST AMENDED COMPLAINT by Mark Anthony Armijo. (Isaac, Joseph)
December 5, 2024 Filing 14 PLEASE TAKE NOTICE that this case has been randomly 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.] (bc)
December 4, 2024 Opinion or Order Filing 13 ORDER by Magistrate Judge Kevin R. Sweazea FINDING GOOD CAUSE TO DELAY ENTRY OF A SCHEDULING ORDER. The Court having been informed that the parties anticipate joining a distributor as an additional defendant in the case, the Court hereby finds good cause under Fed. R. Civ. P. 16 to continue the Rule 16 scheduling conference until after the new party is added, provided a motion seeking to join the distributor is filed on or before December 16, 2024. The Court will set the case for scheduling once joinder has occurred, or the December 16 deadline has expired without any motion having been filed. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (ldm)
December 4, 2024 Filing 12 Clerk's Minutes for proceedings held before Magistrate Judge Kevin R. Sweazea: Scheduling Conference held on December 4, 2024. (ldm)
December 4, 2024 Filing 11 CERTIFICATE OF SERVICE by Foxworth-Galbraith Lumber Company Supplemental Initial Disclosures (Kugler, Aaron)
November 25, 2024 Filing 10 NOTICE OF IMPENDING REASSIGNMENT: 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 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)
November 14, 2024 Filing 9 Joint Status Report and Provisional Discovery Plan by Foxworth-Galbraith Lumber Company (Kugler, Aaron)
November 12, 2024 Filing 8 NOTICE by Mark Anthony Armijo 2024-11-12 Plaintiff's Initial Disclosures (Isaac, Joseph)
November 12, 2024 Filing 7 CERTIFICATE OF SERVICE by Foxworth-Galbraith Lumber Company of Defendant's Initial Disclosures (Kugler, Aaron)
October 8, 2024 Opinion or Order Filing 6 INITIAL SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Joint Status Report due by November 14, 2024. Initial Rule 16 Telephonic Scheduling Conference before Magistrate Judge Kevin R. Sweazea set for December 4, 2024 at 09:00 AM. 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 October 29, 2024. (ldm)
October 2, 2024 Filing 5 NOTICE by Foxworth-Galbraith Lumber Company of Filing State Court Pleadings (Attachments: #1 Exhibit A, #2 Exhibit B) (Kugler, Aaron)
September 11, 2024 Filing 4 ANSWER to Complaint (Notice of Removal) by Foxworth-Galbraith Lumber Company. (Kugler, Aaron)
September 5, 2024 Filing 3 APPENDIX/SUPPLEMENT re #1 Notice of Removal, Civil Cover Sheet by Foxworth-Galbraith Lumber Company (Kugler, Aaron)
September 4, 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.] (jg)
September 4, 2024 Filing 1 NOTICE OF REMOVAL by Foxworth-Galbraith Lumber Company from First Judicial District Court, case number D-117-CV-2024-00284. ( Filing Fee - Online Payment), filed by Foxworth-Galbraith Lumber Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kugler, Aaron)
September 4, 2024 Filing and Administrative Fees Received: $ 405 receipt number ANMDC-9527910 re #1 Notice of Removal, filed by Foxworth-Galbraith Lumber Company (Payment made via Pay.gov)(Kugler, Aaron)
September 4, 2024 United States Magistrate Judge Damian L. Martinez and United States Magistrate Judge Kevin R. Sweazea assigned. (jg)
September 4, 2024 Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (jg)

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Plaintiff: Mark Anthony Armijo
Represented By: Joseph G Isaac
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Defendant: Orgill, Inc.
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Defendant: US LBM Operating Co 3009 LLC
Represented By: Aaron Randall Kugler
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