Mishler v. Nova Hardbanding, LLC

Federal Civil Lawsuit New Mexico District Court, Case No. 2:16-cv-00905
Magistrate Judge Stephan M. Vidmar, presiding
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Magistrate Judge Stephan M. Vidmar
Last Updated July 29, 2025 at 8:12 AM EDT (11.9 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [D92AE0B], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space George Z. Goldberg

Represented by Goldberg & Dohan LLP

Name Phone Fax E-Mail
Space Andrew Thomas Apodaca +1 505 369 3699 +1 505 272 8822 aapodaca@goldbergdohan.com

Represented by Goldberg Loren PA

Name Phone Fax E-Mail
Space James Mark Loren +1 954 585 4878 +1 954 585 4886 jloren@goldbergloren.com
No Logo Joseph Mishler, Plaintiff

Represented by Goldberg & Dohan LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Andrew Thomas Apodaca +1 505 369 3699 +1 505 272 8822 aapodaca@goldbergdohan.com
LEAD ATTORNEY George Z Goldberg +1 954 585 4878 +1 954 585 4886 ggoldberg@goldbergdohan.com

Represented by Goldberg Loren PA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED James Mark Loren +1 954 585 4878 +1 954 585 4886 jloren@goldbergloren.com
v.
No Logo Anonymized Party [EAD2182], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Fernando Bustos
Space Aaron M Pier
Space Matthew Nephi Zimmerman
No Logo Kenneth Bromley, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Aaron Michael Pier +1 806 780 3976 +1 806 780 3800 apier@bustoslawfirm.com

Represented by Law Offices of Fernando M. Bustos, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY Fernando Manuel Bustos +1 806 780 3976 +1 806 780 3800 fbustos@bustoslawfirm.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Matthew Nephi Zimmerman +1 806 780 3976 +1 806 780 3800 mzimmerman@bustoslawfirm.com
No Logo Nova Hardbanding, LLC, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Aaron Michael Pier +1 806 780 3976 +1 806 780 3800 apier@bustoslawfirm.com

Represented by Bustos Law Firm PC

Name Phone Fax E-Mail
Space Fernando Manuel Bustos +1 806 780 3976 +1 806 780 3800 fbustos@bustoslawfirm.com

Represented by Law Offices of Fernando M. Bustos, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY Fernando Manuel Bustos +1 806 780 3976 +1 806 780 3800 fbustos@bustoslawfirm.com
Space Matthew Nephi Zimmerman +1 806 780 3976 +1 806 780 3800 mzimmerman@bustoslawfirm.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Matthew Nephi Zimmerman +1 806 780 3976 +1 806 780 3800 mzimmerman@bustoslawfirm.com
Attributes
Citation Section 29 U.S.C. § 201
Nature of Suit 710 - Labor: Fair Labor Standards Act
Jurisdiction Federal Question
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
  Entries (37) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 31 Filed: 5/3/2017, Entered: 5/3/2017 Court Filing
STIPULATED ORDER OF DISMISSAL with prejudice by Magistrate Judge Stephan M. Vidmar (am)
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Legal Document (Payment Possibly Required) 30 Filed: 5/3/2017, Entered: 5/3/2017
STIPULATION of Dismissal filed Jointly by D92AE0B (Attachments: # 1 Proposed Order) (Loren, James) Modified on 5/3/2017 (rh).
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Legal Document (Payment Possibly Required) 29 Filed: 4/27/2017, Entered: 4/27/2017 Court Filing
ORDER vacating Settlement Conference by Magistrate Judge Carmen E. Garza. The Settlement Conference set for 5/1/17 is hereby vacated. (jrt)
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Legal Document (Payment Possibly Required) 28 Filed: 4/27/2017, Entered: 4/27/2017 Court Filing
Clerk's Minutes for Telephonic Status Conference held on 4/24/2017 before Magistrate Judge Carmen E. Garza. (jrt)
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Legal Document (Payment Possibly Required) 27 Filed: 4/10/2017, Entered: 4/10/2017 Court Filing
ORDER Denying 26 Motion to Extend Discovery Deadlines by Magistrate Judge Carmen E. Garza. (mhr)
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Legal Document (Payment Possibly Required) 26 Filed: 4/7/2017, Entered: 4/7/2017
STIPULATION to Extend Deadlines Filed Jointly by D92AE0B (Attachments: # 1 Proposed Order) (Loren, James)
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Legal Document (Payment Possibly Required) 25 Filed: 2/3/2017, Entered: 2/3/2017 Court Filing
ORDER by Magistrate Judge Carmen E. Garza. A Telephonic Status Conference is set for 4/24/2017 at 01:30 PM before Magistrate Judge Carmen E. Garza. [Parties shall call Judge Garza's Meet Me line at 505.348.2693 to be connected to the proceedings.] The Settlement Conference is set for 5/1/2017 at 09:00 AM in Albuquerque - Las Cruces - 460 Organ Courtroom (South Tower) before Magistrate Judge Carmen E. Garza. (mhr)
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Legal Document (Payment Possibly Required) 24 Filed: 2/3/2017, Entered: 2/3/2017 Court Filing
Clerk's Minutes for Telephonic Status Conference held on 2/2/2017 before Magistrate Judge Carmen E. Garza. (mhr)
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Legal Document (Payment Possibly Required) 23 Filed: 2/2/2017, Entered: 2/2/2017
NOTICE of Appearance by Matthew Nephi Zimmerman on behalf of EAD2182, Nova Hardbanding, LLC (Zimmerman, Matthew)
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Legal Document (Payment Possibly Required) 22 Filed: 1/26/2017, Entered: 1/26/2017
CERTIFICATE OF SERVICE by D92AE0B of Plaintiff's Amended Responses to Defendants' First Set of Interrogatories and First Requests for Production (Loren, James)
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Legal Document (Payment Possibly Required) 21 Filed: 1/25/2017, Entered: 1/25/2017
CERTIFICATE OF SERVICE by EAD2182, Nova Hardbanding, LLC of First Supplemental Disclosures Pursuant to Rule 26(a)(1) (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 20 Filed: 1/23/2017, Entered: 1/23/2017
CERTIFICATE OF SERVICE by D92AE0B RESPONSES TO FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND FIRST SET OF INTERROGATORIES (Loren, James)
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Legal Document (Payment Possibly Required) 19 Filed: 12/12/2016, Entered: 12/12/2016 Court Filing
ORDER Setting Telephonic Status Conference for 2/2/2017 at 1:30 PM before Magistrate Judge Carmen E. Garza. [Parties shall call Judge Garza's Meet Me line at 505.348.2693 to be connected to the proceedings.] (mhr)
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Legal Document (Payment Possibly Required) 18 Filed: 12/12/2016, Entered: 12/12/2016 Court Filing
ORDER ADOPTING JOINT STATUS REPORT by Magistrate Judge Carmen E. Garza. (mhr)
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Legal Document (Payment Possibly Required) 17 Filed: 12/12/2016, Entered: 12/12/2016 Court Filing
SCHEDULING ORDER by Magistrate Judge Carmen E. Garza. All Discovery shall be completed by 6/6/2017. Pretrial Motions are due by 7/6/2017. Proposed Pretrial Order due to the Court by 9/5/2017. (mhr)
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Legal Document (Payment Possibly Required) 16 Filed: 12/8/2016, Entered: 12/12/2016 Court Filing
Clerk's Minutes for Telephonic Rule 16 Scheduling Conference held on 12/8/2016 before Magistrate Judge Carmen E. Garza. (mhr) Modified file date on 12/14/2016 (jv).
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Legal Document (Payment Possibly Required) 15 Filed: 11/29/2016, Entered: 11/29/2016
CERTIFICATE OF SERVICE by D92AE0B of Plaintiff's Initial Disclosures (Loren, James)
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Legal Document (Payment Possibly Required) 14 Filed: 11/29/2016, Entered: 11/29/2016
Joint Status Report by D92AE0B (Loren, James)
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Legal Document (Payment Possibly Required) 13 Filed: 11/23/2016, Entered: 11/23/2016
CERTIFICATE OF SERVICE by EAD2182, Nova Hardbanding, LLC of Defendants' Initial Disclosures (Bustos, Fernando)
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Legal Document (Payment Possibly Required) 12 Filed: 11/14/2016, Entered: 11/14/2016
NOTICE of Appearance by Aaron M Pier on behalf of EAD2182, Nova Hardbanding, LLC (Pier, Aaron)
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Legal Document (Payment Possibly Required) 11 Filed: 11/11/2016, Entered: 11/11/2016
First Amended ANSWER to 1 Complaint with Jury Demand by EAD2182, Nova Hardbanding, LLC. Related document: 1 Complaint filed by D92AE0B.(Bustos, Fernando)
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Legal Document (Payment Possibly Required) 10 Filed: 11/8/2016, Entered: 11/8/2016 Court Filing
NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 8 Consent to Proceed Before a U.S. Magistrate Judge filed by D92AE0B, 9 Consent to Proceed Before a U.S. Magistrate Judge filed by EAD2182 & Nova Hardbanding, LLC. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (rh)
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Legal Document (Payment Possibly Required) 9 Filed: 11/7/2016, Entered: 11/7/2016 Court Filing
CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), EAD2182, Nova Hardbanding, LLC voluntarily consent(s) to have United States Magistrate Judge Stephan M. Vidmar conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Bustos, Fernando)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Legal Document (Payment Possibly Required) 8 Filed: 11/7/2016, Entered: 11/7/2016 Court Filing
CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), D92AE0B voluntarily consent(s) to have United States Magistrate Judge Stephan M. Vidmar conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Loren, James)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Legal Document (Payment Possibly Required) 7 Filed: 11/4/2016, Entered: 11/4/2016
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 this matter will be reassigned to a district judge as presiding judge if written consents from all parties have not been filed by November 14, 2016. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (rh)
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Legal Document (Payment Possibly Required) 6 Filed: 10/24/2016, Entered: 10/24/2016 Court Filing
INITIAL SCHEDULING ORDER by Magistrate Judge Carmen E. Garza. The Joint Status Report is due by 12/1/2016. A Telephonic Rule 16(c) Hearing is set for 12/8/2016 at 03:00 PM before Magistrate Judge Carmen E. Garza. [Parties shall call Judge Garza's Meet Me line at 505.348.2693 to be connected to the proceedings.] 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 11/14/2016. (mhr)
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Legal Document (Payment Possibly Required) 5 Filed: 10/21/2016, Entered: 10/21/2016
DEFENDANTS' ORIGINAL ANSWER to 1 Complaint by EAD2182, Nova Hardbanding, LLC. Related document: 1 Complaint filed by D92AE0B.(Bustos, Fernando)
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Legal Document (Payment Possibly Required) 4 Filed: 8/25/2016, Entered: 8/25/2016
WAIVER OF SERVICE Returned Executed by D92AE0B as to Nova Hardbanding, LLC. (Loren, James)
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Legal Document (Payment Possibly Required) 3 Filed: 8/25/2016, Entered: 8/25/2016
WAIVER OF SERVICE Returned Executed by D92AE0B as to EAD2182. (Loren, James)
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Legal Document (Payment Possibly Required)  Filed: 8/19/2016, Entered: None Unknown Document Type
Summons Issued as to Kenneth Bromley. (mr)
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Blank  Filed: 8/19/2016, Entered: 8/19/2016
Summons Issued as to EAD2182. (mr)
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Legal Document (Payment Possibly Required)  Filed: 8/10/2016, Entered: None Unknown Document Type
Summons Issued as to Nova Hardbanding, LLC. (ln)
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Legal Document (Payment Possibly Required)  Filed: 8/9/2016, Entered: None Unknown Document Type
United States Magistrate Judge Stephan M. Vidmar and United States Magistrate Judge Carmen E. Garza assigned. (ln)
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Legal Document (Payment Possibly Required) 2 Filed: 8/9/2016, Entered: 8/9/2016 Court Filing
PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Stephan M. Vidmar 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.] (ln)
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Legal Document (Payment Possibly Required)  Filed: 8/9/2016, Entered: None Unknown Document Type
Filing and Administrative Fees Received: $ 400 receipt number 1084-4746407 re 1 Complaint filed by Joseph Mishler (Payment made via Pay.gov)(Loren, James)
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Blank  Filed: 8/9/2016, Entered: 8/9/2016
Filing and Administrative Fees Received: $ 400 receipt number 1084-4746407 re 1 Complaint filed by D92AE0B (Payment made via Pay.gov)(Loren, James)
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Legal Document (Payment Possibly Required) 1 Filed: 8/9/2016, Entered: 8/9/2016
COMPLAINT against All Defendants ( Filing Fee - Online Payment), filed by D92AE0B. (Attachments: # 1 Civil Cover Sheet)(Loren, James)
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