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 56 |
Filed: 8/15/2018, Entered: 8/15/2018 |
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ORDER by District Judge Judith C. Herrera granting 55 Joint Motion to Dismiss with Prejudice (baw)
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 Request |
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| 55 |
Filed: 8/10/2018, Entered: 8/10/2018 |
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Joint MOTION to Dismiss with Prejudice by Samuel Garcia. (Attachments: # 1 Exhibit Order) (Fadner, Derek)
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Request |
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| 54 |
Filed: 7/30/2018, Entered: 7/30/2018 |
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ORDER TO FILE STATUS REPORT by Magistrate Judge Kevin R. Sweazea. On July 11, 2018, following telephonic conversations between the Court and the parties to facilitate settlement, the parties informed the Court that they had reached a settlement of their claims. Accordingly, the Court ordered the parties to file a Notice of Settlement and closing documents on or before July 23, 2018. See Doc. 52. The Court, having determined that the required documents have yet to be filed, hereby orders the parties to submit a joint report, on or before August 10, 2018, which advises the Court of the status of the case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sls)
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| 53 |
Filed: 7/11/2018, Entered: 7/11/2018 |
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Clerk's Minutes for proceedings held before Magistrate Judge Kevin R. Sweazea: Telephonic Mediation held on July 10, 2018. (sls)
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Request |
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| 52 |
Filed: 7/11/2018, Entered: 7/11/2018 |
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ORDER Vacating Settlement Conference by Magistrate Judge Kevin R. Sweazea. Having received telephonic notice that the parties reached a settlement agreement in this case, the Court hereby VACATES the July 12, 2018 settlement conference and ORDERS the parties to file a Notice of Settlement and closing documents on or before July 23, 2018. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sls)
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| 51 |
Filed: 7/3/2018, Entered: 7/3/2018 |
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RESPONSE to Motion re 47 MOTION for Summary Judgment filed by Samuel Garcia. (Attachments: # 1 Exhibit Plaintiff's Original Estimate, # 2 Exhibit Plaintiff's Expert Estimate, # 3 Exhibit Order) (Fadner, Derek)
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Request |
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| 50 |
Filed: 6/21/2018, Entered: 6/21/2018 |
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ORDER by District Judge Judith C. Herrera granting 49 Motion for Extension of Time to File Response/Reply re 47 Defendant's Motion for Summary Judgment. Responses due by 7/3/2018. Replies due by 7/17/2018. [THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (baw)
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| 49 |
Filed: 6/19/2018, Entered: 6/19/2018 |
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Unopposed MOTION for Extension of Time to File Response/Reply as to 47 MOTION for Summary Judgment by Samuel Garcia. (Attachments: # 1 Exhibit Order) (Fadner, Derek)
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Request |
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| 48 |
Filed: 6/7/2018, Entered: 6/7/2018 |
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NOTICE by Travelers Casualty Insurance Company of America re 47 MOTION for Summary Judgment of Concurrence of Page Extension for Exhibits (Wettestad, Jeri) Modified text on 6/8/2018 (mjr).
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Request |
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| 47 |
Filed: 6/5/2018, Entered: 6/5/2018 |
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MOTION for Summary Judgment by Travelers Casualty Insurance Company of America. (Attachments: # 1 Exhibit 1 Declaration of Kelley Chudy, # 2 Exhibit 2 Policy, # 3 Exhibit 3 Aspen Report, # 4 Exhibit 4 Nelson Forensics Report, # 5 Exhibit 5 Travelers Estimate, # 6 Exhibit 6 Travelers Letter, # 7 Exhibit 7 Garcia Deposition TX) (Wettestad, Jeri)
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Request |
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Filed: 5/29/2018, Entered: 5/29/2018 |
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Reset Deadlines: Motions due by 6/5/2018. (mjr)
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| 46 |
Filed: 5/25/2018, Entered: 5/25/2018 |
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ORDER by District Judge Judith C. Herrera granting 45 Unopposed Motion to Extend Deadline to File Non-Discovery Motions. The dispositve motions deadline is hereby extended to June 5. 2018.[THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (baw)
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| 45 |
Filed: 5/24/2018, Entered: 5/24/2018 |
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Unopposed MOTION to Amend/Correct 38 Terminate Scheduling Order Deadlines,, Set Scheduling Order Deadlines,,, 37 Order on Motion to Amend/Correct, by Travelers Casualty Insurance Company of America. (Attachments: # 1 Proposed Order) (Wettestad, Jeri)
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Request |
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| 44 |
Filed: 5/23/2018, Entered: 5/23/2018 |
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AMENDED ORDER SETTING SETTLEMENT CONFERENCE by Magistrate Judge Kevin R. Sweazea. Settlement Conference set for July 12, 2018 at 09:00 AM in Las Cruces - 480 Picacho Courtroom (South Tower) before Magistrate Judge Kevin R. Sweazea. Plaintiff's letter due to Defendant: June 19, 2018; Defendant's letter due to Plaintiff: June 28, 2018; confidential position papers due to the Court: July 5, 2018. (sls)
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Request |
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| 43 |
Filed: 5/23/2018, Entered: 5/23/2018 |
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ORDER Granting Defendant's Unopposed Motion to Modify Date of Settlement Conference 42 by Magistrate Judge Kevin R. Sweazea. In light of the representations Defendant makes in its motion, the Court finds good cause to VACATE the settlement conference currently set for June 26, 2018. The conference will be reset for July 12, 2018, in a subsequent order. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sls)
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| 42 |
Filed: 5/22/2018, Entered: 5/22/2018 |
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Unopposed MOTION to Amend/Correct 41 Order,, Set Deadlines/Hearings, by Travelers Casualty Insurance Company of America. (Attachments: # 1 Proposed Order) (Wettestad, Jeri)
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Request |
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| 41 |
Filed: 5/7/2018, Entered: 5/7/2018 |
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ORDER Setting Settlement Conference by Magistrate Judge Kevin R. Sweazea. Settlement Conference set for June 26, 2018 at 09:00 AM in Las Cruces - 480 Picacho Courtroom (South Tower) before Magistrate Judge Kevin R. Sweazea. Plaintiff's letter due to Defendant: June 4, 2018; Defendant's letter due to Plaintiff: June 12, 2018; Confidential position papers (and any audio/video recordings) due to Court: June 19, 2018. (sls)
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Request |
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| 40 |
Filed: 5/3/2018, Entered: 5/3/2018 |
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Clerk's Minutes for proceedings held before Magistrate Judge Kevin R. Sweazea: Status Conference held on May 3, 2018. (sls)
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Request |
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| 39 |
Filed: 4/19/2018, Entered: 4/19/2018 |
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ORDER SETTING STATUS CONFERENCE by Magistrate Judge Kevin R. Sweazea. A Telephonic Status Conference is set for May 3, 2018 at 10:00 a.m. before Magistrate Judge Kevin R. Sweazea. The purpose of the conference is to discuss the status of discovery and to determine whether the parties would like to schedule a settlement conference. The parties shall call Judge Sweazea's "Meet Me" line at 505.348.2694 to be connected to the proceedings. (sls)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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| 38 |
Filed: 2/12/2018, Entered: 2/12/2018 |
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ORDER Resetting 24 Scheduling Deadlines per 37 Order Granting Motion to Modify Scheduling Order by Magistrate Judge Kevin R. Sweazea. Discovery due by 4/27/2018. Motions related to discovery due by 5/4/2018. All other motions due by 5/29/2018. Proposed Pretrial Order due to Court by 7/23/2018. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (sls)
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| 37 |
Filed: 2/12/2018, Entered: 2/12/2018 |
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ORDER by Magistrate Judge Kevin R. Sweazea granting 36 Motion to Amend/Correct. Discovery shall terminate on April 27, 2018. The deadline for motions relating to discovery shall be May 4, 2018. The deadline for all other motions shall be May 29, 2018. Plaintiff shall provide a pre-trial order to Defendant by July 16, 2018. Defendant shall provide the pre-trial order to the Court by July 23, 2018. (sls)
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Request |
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| 36 |
Filed: 2/9/2018, Entered: 2/9/2018 |
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Joint MOTION to Amend/Correct 24 Set Scheduling Order Deadlines, 34 Order on Motion to Extend (other), 30 Order on Motion to Extend (other) by Travelers Casualty Insurance Company of America. (Attachments: # 1 Proposed Order) (Wettestad, Jeri)
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Request |
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| 35 |
Filed: 1/12/2018, Entered: 1/12/2018 |
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CERTIFICATE OF SERVICE by Travelers Casualty Insurance Company of America Fed.R.Civ.P. 26(a)(2) Disclosures (Wettestad, Jeri)
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Request |
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| 34 |
Filed: 12/12/2017, Entered: 12/12/2017 |
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ORDER by Magistrate Judge Kevin R. Sweazea granting 32 Motion to Extend. Defendant's retained expert disclosure deadline shall be January 12, 2018. (sls)
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Request |
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| 33 |
Filed: 12/11/2017, Entered: 12/11/2017 |
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CERTIFICATE OF SERVICE by Travelers Casualty Insurance Company of America Fed.R.Civ.P. 26 (a)(2) Non-Retained Expert Disclosures (Wettestad, Jeri)
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Request |
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| 32 |
Filed: 12/11/2017, Entered: 12/11/2017 |
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MOTION to Extend (other) Defendant's Retained Expert Disclosure Deadlines by Travelers Casualty Insurance Company of America. (Wettestad, Jeri)
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Request |
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| 31 |
Filed: 11/10/2017, Entered: 11/10/2017 |
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Witness List by Samuel Garcia. (Attachments: # 1 Exhibit Irmiter Report, # 2 Exhibit Irmiter Repair Estimate, # 3 Exhibit Irmiter Photo Log, # 4 Exhibit Irmiter CV and Testimonial History, # 5 Exhibit Irmiter Rate Sheet) (McClenny, James)
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Request |
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| 30 |
Filed: 10/5/2017, Entered: 10/5/2017 |
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ORDER by Magistrate Judge Kevin R. Sweazea granting 29 ORDER on Motion to Extend. (sls)
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Request |
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| 29 |
Filed: 10/5/2017, Entered: 10/5/2017 |
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Unopposed MOTION to Extend (other) Designation of Expert Deadlines by Samuel Garcia. (Attachments: # 1 Order Granting Extension) (Fadner, Derek)
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Request |
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| 28 |
Filed: 7/17/2017, Entered: 7/17/2017 |
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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. 22 and 26. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl)
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Request |
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| 27 |
Filed: 7/13/2017, Entered: 7/13/2017 |
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PLEASE TAKE NOTICE that this case has been reassigned to District Judge Judith C. Herrera 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 B. Wormuth no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kdh)
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Request |
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| 25 |
Filed: 6/30/2017, Entered: 6/30/2017 |
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NOTICE of Appearance by James M. McClenny on behalf of Samuel Garcia (McClenny, James)
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Request |
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| 24 |
Filed: 6/29/2017, Entered: 6/29/2017 |
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RULE 16 SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Discovery due by 3/13/2018. Motions related to discovery due by 3/27/2018. All Other Motions due by 4/13/2018. Proposed Pretrial Order due to Court by 6/8/2018. (cbf)
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Request |
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| 23 |
Filed: 6/29/2017, Entered: 6/29/2017 |
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Clerk's Minutes for proceedings held before Magistrate Judge Kevin R. Sweazea: Rule 16 Scheduling Conference held on 6/29/2017. (cbf)
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Request |
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| 21 |
Filed: 6/29/2017, Entered: 6/29/2017 |
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NOTICE OF CONSENT SUBMISSION DEADLINE: 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. (kls)
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Request |
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| 20 |
Filed: 6/28/2017, Entered: 6/28/2017 |
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NOTICE by Samuel Garcia Serving Rule 26 Disclosures to Defendant (McClenny, James)
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Request |
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| 19 |
Filed: 6/28/2017, Entered: 6/28/2017 |
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NOTICE by Samuel Garcia Certificate of Interested Parties (McClenny, James)
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Request |
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Filed: 6/9/2017, Entered: 6/9/2017 |
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Association Dues Received: $ 100 receipt number 1084-5238730 re: # 14 Association of Attorney Licensed Outside the District, filed by Samuel Garcia (Payment made via Pay.gov)(Baeza, Jonathan)
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| 13 |
Filed: 5/19/2017, Entered: 5/19/2017 |
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INITIAL SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Rule 16(c) Hearing set for 6/28/2017 at 10:00 AM in Las Cruces - Telephonic Hearing/Conference before Magistrate Judge Kevin R. Sweazea. Joint Status Report due by 6/21/2017. (cbf)
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Request |
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| 12 |
Filed: 5/3/2017, Entered: 5/3/2017 |
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PLEASE TAKE NOTICE that this case has been reassigned to Magistrate Judge Kevin R. Sweazea as the pretrial 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 Lourdes A. Martinez no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (iam)
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Filed: 4/19/2017, Entered: 4/19/2017 |
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Association Dues Received: $ 100 receipt number 1084-5159440 re: # 10 Association of Attorney Licensed Outside the District, filed by The Travelers Casualty Insurance Company of America (Payment made via Pay.gov)(Wettestad, Jeri)
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Filed: 4/19/2017, Entered: 4/19/2017 |
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Association Dues Received: $ 100 receipt number 1084-5159417 re: # 11 Association of Attorney Licensed Outside the District, filed by The Travelers Casualty Insurance Company of America (Payment made via Pay.gov)(Samberg, Amy)
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| 11 |
Filed: 4/19/2017, Entered: 4/19/2017 |
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ASSOCIATION of Attorney Licensed Outside the District for Defendant The Travelers Casualty Insurance Company of America by Amy Samberg (Association Dues - Online Payment) (Samberg, Amy)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Request |
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| 10 |
Filed: 4/19/2017, Entered: 4/19/2017 |
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ASSOCIATION of Attorney Licensed Outside the District for Defendant The Travelers Casualty Insurance Company of America by Jeri Wettestad (Association Dues - Online Payment) (Wettestad, Jeri)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Request |
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| 9 |
Filed: 4/19/2017, Entered: 4/19/2017 |
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NOTICE of Appearance by Amy Samberg on behalf of The Travelers Casualty Insurance Company of America (Samberg, Amy)
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Request |
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| 8 |
Filed: 4/19/2017, Entered: 4/19/2017 |
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NOTICE of Appearance by Jeri Wettestad on behalf of The Travelers Casualty Insurance Company of America (Wettestad, Jeri)
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Request |
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| 7 |
Filed: 4/18/2017, Entered: 4/18/2017 |
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NOTICE by The Travelers Casualty Insurance Company of America Certificate of Non-Member Attorney Wettestad (Eaton, P.)
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Request |
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| 6 |
Filed: 4/18/2017, Entered: 4/18/2017 |
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NOTICE by The Travelers Casualty Insurance Company of America Certificate of Non-Member Attorney Samberg (Eaton, P.)
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Request |
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| 5 |
Filed: 4/13/2017, Entered: 4/13/2017 |
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Traveler's ANSWER to Complaint (Notice of Removal) and Jury Demand by The Travelers Casualty Insurance Company of America. (Eaton, P.)
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Request |
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| 4 |
Filed: 4/7/2017, Entered: 4/7/2017 |
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Corporate Disclosure Statement by The Travelers Casualty Insurance Company of America identifying Corporate Parent Travelers Casualty Insurance Company of America for The Travelers Casualty Insurance Company of America. (Eaton, P.)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 3 |
Filed: 4/7/2017, Entered: 4/7/2017 |
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NOTICE of Appearance by P. Scott Eaton on behalf of The Travelers Casualty Insurance Company of America (Eaton, P.)
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Request |
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| 2 |
Filed: 4/6/2017, Entered: 4/6/2017 |
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PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory B. Wormuth 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.] (kdh)
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Filed: 4/6/2017, Entered: 4/6/2017 |
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Magistrate Judge Gregory B. Wormuth and Magistrate Judge Lourdes A. Martinez assigned. (kdh)
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Filed: 4/6/2017, Entered: 4/6/2017 |
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Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (kdh)
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Filed: 4/6/2017, Entered: 4/6/2017 |
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Filing and Administrative Fees Received: $ 400 receipt number 1084-5140057 re 1 Notice of Removal, filed by The Travelers Casualty Insurance Company of America (Payment made via Pay.gov)(Eaton, P.)
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| 1 |
Filed: 4/6/2017, Entered: 4/6/2017 |
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NOTICE OF REMOVAL by The Travelers Casualty Insurance Company of America from Fifth Judicial District, case number D-506-CV-2017-00188. ( Filing Fee - Online Payment), filed by The Travelers Casualty Insurance Company of America. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Eaton, P.)
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