Guzman v. New Mexico State Department of Cultural Affairs et al

New Mexico District Court
Judge:Kea W Riggs
Referred: John F Robbenhaar
Case #: 1:21-cv-00198
Nature of Suit820 Property Rights - Copyrights
Cause28:1346 Breach of Contract
Case Filed:Mar 08, 2021
Terminated:Sep 24, 2021
Last checked: Saturday Sep 04, 2021 3:14 AM MDT
Defendant
New Mexico State Department of Cultural Affairs (DCA)
Represented By
Peter Nelson Ives
New Mexico Department Of Cultural Affairs
contact info
Timothy L Butler
Office Of Timothy L. Butler
contact info
Plaintiff
Gilbert Guzman
Represented By
Penelope M. Quintero
Davis Miles Mcguire Gardner, PLLC
contact info
TERMINATED PARTIES
Defendant
City of Santa Fe
Terminated: 04/22/2021
Represented By
Marcos D. Martinez
City Of Santa Fe
contact info

GPO Mar 10 2021
ORDER DENYING REQUEST FOR EX-PARTE HEARING AND ORDER SETTING BRIEFING SCHEDULE by District Judge Kea W. Riggs. Plaintiff SHALL SERVE the complaint and summons, the motion, and this order on the appropriate Defendants and/or entities. Defendants shall respond to 2 Plaintiff's Verified Motion and Memorandum of Law in Support of Application for Temporary Restraining Order & Preliminary Injunction within fourteen (14) days of service of the motion. Plaintiff may reply within seven (7) days of the filing of the response. (ve)
GPO Apr 19 2021
MEMORANDUM OPINION AND ORDER by District Judge Kea W. Riggs. The 2 First Motion for Preliminary Injunction and Memorandum of Law in Support of Application for Temporary Restraining Order and Preliminary Injunction is DENIED. (ve)
GPO Apr 22 2021
ORDER OF DISMISSAL WITH PREJUDICE by District Judge Kea W. Riggs. All claims against Defendant City of Santa Fe are DISMISSED WITH PREJUDICE. The parties hereto shall bear their own costs and attorney fees. (ve)
GPO Jul 21 2021
ORDER DENYING MOTION TO DISMISS AND MOTION TO SUPPLEMENT by District Judge Kea W. Riggs. Defendant New Mexico Department of Cultural Affairs' 16 Opposed Motion to Dismiss Plaintiff's Complaint for Breach of Contract, Threatened Violations of the Visual Artists Rights Act and Request for Injunction is DENIED WITHOUT PREJUDICE. Plaintiff's Motion to Supplement Pleadings is DENIED AS MOOT. (ve)
GPO Sep 15 2021
STIPULATED ORDER TO EXTEND DEADLINE TO SUBMIT CLOSING DOCUMENTS by District Judge Kea W. Riggs. Plaintiff's 34 Stipulated Motion to Extend Deadline to Submit Closing Documents is GRANTED. Closing document shall be due on or before September 24, 2021. (ve)

Docket last updated: 12/08/2025 11:59 PM MST
Friday, September 24, 2021
37 37 1 pgs ORDER OF DISMISSAL WITH PREJUDICE by District Judge Kea W. Riggs. The36 Stipulated Motion for Dismissal with Prejudice is GRANTED. All claims against Defendant are hereby dismissed in their entirety with each party to bear its own costs and attorneys' fees. (ve)
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36 36 2 pgs MOTION to Dismiss by Gilbert Guzman. (Quintero, Penelope)
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Wednesday, September 15, 2021
35 35 1 pgs STIPULATED ORDER TO EXTEND DEADLINE TO SUBMIT CLOSING DOCUMENTS by District Judge Kea W. Riggs. Plaintiff's34 Stipulated Motion to Extend Deadline to Submit Closing Documents is GRANTED. Closing document shall be due on or before September 24, 2021. (ve)
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34 34 2 pgs MOTION to Extend (other) Deadline to Submit Closing Documents by Gilbert Guzman. (Quintero, Penelope)
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Wednesday, August 18, 2021
ORDER TO SUBMIT CLOSING DOCUMENTS by District Judge Kea W. Riggs. Pursuant to the parties settling this matter at the Rule 16 Settlement Conference conducted by the Honorable John F. Robbenhaar on Tuesday, August 17, 2021, closing documents SHALL BE DUE on or before September 17, 2021. (ve)
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Tuesday, August 17, 2021
32 32 1 pgs Clerk's Minutes for proceedings held before Magistrate Judge John F. Robbenhaar: Settlement Conference held on 8/17/2021. The case did settle. Closing documents shall be filed in 30 days. (smd)
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Wednesday, August 04, 2021
31 31 14 pgs ANSWER to1 Complaint, by New Mexico State Department of Cultural Affairs (DCA). Related document:1 Complaint, filed by Gilbert Guzman.(Butler, Timothy)
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Tuesday, July 27, 2021
30 30 5 pgs ORDER SETTING SETTLEMENT CONFERENCE by Magistrate Judge John F. Robbenhaar. Zoom Settlement Conference set for 8/17/2021 at 09:00 AM before Magistrate Judge John F. Robbenhaar. The Court will send Zoom connection instructions to the parties via email close to the date of that hearing. Telephonic Pre-Settlement Status Conference set for 8/10/2021 at 11:00 AM before Magistrate Judge John F. Robbenhaar. Five minutes prior to the hearing, counsel are to call Judge Robbenhaar's AT&T conference line at (888) 363-4735, Access Code 2387395, to connect to the proceedings. Settlement letters are due 7/30/2021, 8/3/2021, and 8/5/2021, as set forth in the attached Order. (smd)
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Wednesday, July 21, 2021
29 29 3 pgs ORDER DENYING MOTION TO DISMISS AND MOTION TO SUPPLEMENT by District Judge Kea W. Riggs. Defendant New Mexico Department of Cultural Affairs'16 Opposed Motion to Dismiss Plaintiff's Complaint for Breach of Contract, Threatened Violations of the Visual Artists Rights Act and Request for Injunction is DENIED WITHOUT PREJUDICE. Plaintiff's Motion to Supplement Pleadings is DENIED AS MOOT. (ve)
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Thursday, July 08, 2021
28 28 11 pgs RESPONSE in Opposition re27 MOTION for Supplement Pleadings filed by New Mexico State Department of Cultural Affairs (DCA). (Butler, Timothy)
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Thursday, June 24, 2021
27 27 2 pgs MOTION for Supplement Pleadings by Gilbert Guzman. (Quintero, Penelope)
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Att: 1 25 pgs Exhibit A
Thursday, May 13, 2021
26 26 1 pgs ORDER FINDING GOOD CAUSE TO DELAY SCHEDULING ORDER by Magistrate Judge John F. Robbenhaar. The Court will enter a scheduling order after resolution of the motion to dismiss. (smd)
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Friday, April 30, 2021
25 25 2 pgs NOTICE of Briefing Complete by New Mexico State Department of Cultural Affairs (DCA) re16 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by New Mexico State Department of Cultural Affairs (DCA) (Butler, Timothy)
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Thursday, April 29, 2021
24 24 REPLY to Response to Motion re16 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by New Mexico State Department of Cultural Affairs (DCA). (Butler, Timothy)
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Att: 1 Exhibit Exhibit 1 to NMDCA Reply in Support MTD
Thursday, April 22, 2021
23 23 2 pgs ORDER OF DISMISSAL WITH PREJUDICE by District Judge Kea W. Riggs. All claims against Defendant City of Santa Fe are DISMISSED WITH PREJUDICE. The parties hereto shall bear their own costs and attorney fees. (ve)
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22 22 STIPULATION of Dismissal by City of Santa Fe (Martinez, Marcos)
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Monday, April 19, 2021
21 21 15 pgs MEMORANDUM OPINION AND ORDER by District Judge Kea W. Riggs. The2 First Motion for Preliminary Injunction and Memorandum of Law in Support of Application for Temporary Restraining Order and Preliminary Injunction is DENIED. (ve)
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Monday, April 12, 2021
20 20 12 pgs RESPONSE to Motion re16 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gilbert Guzman. (Quintero, Penelope)
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Wednesday, March 31, 2021
19 19 12 pgs REPLY to Response to Motion re2 First MOTION for Preliminary Injunction and Memorandum of Law in Support of Application for Temporary Restraining Order and Preliminary Injunction filed by Gilbert Guzman. (Quintero, Penelope)
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Att: 1 5 pgs Exhibit A
18 18 7 pgs MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Santa Fe. (Martinez, Marcos)
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Wednesday, March 24, 2021
17 17 13 pgs RESPONSE in Opposition re2 First MOTION for Preliminary Injunction and Memorandum of Law in Support of Application for Temporary Restraining Order and Preliminary Injunction filed by New Mexico State Department of Cultural Affairs (DCA). (Butler, Timothy)
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Att: 1 1 pgs Exhibit NMDCA Response Exhibit 1,
Att: 2 1 pgs Exhibit NMDCA Response Exhibit 2,
Att: 3 2 pgs Exhibit NMDCA Response Exhibit 3,
Att: 4 25 pgs Exhibit NMDCA Response Exhibit 4,
Att: 5 3 pgs Exhibit NMDCA Response Exhibit 5
16 16 24 pgs Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by New Mexico State Department of Cultural Affairs (DCA). (Butler, Timothy)
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Att: 1 2 pgs Exhibit NMDCA MTD Exhibit 1,
Att: 2 2 pgs Exhibit NMDCAMTD Exhibit 2,
Att: 3 2 pgs Exhibit NMDCA MTD Exhibit 3,
Att: 4 13 pgs Exhibit NMDCA MTD Exhibit 4,
Att: 5 1 pgs Exhibit NMDCA MTD Exhibit 5
15 15 NOTICE of Appearance by Timothy L Butler on behalf of New Mexico State Department of Cultural Affairs (DCA) (Butler, Timothy)
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14 14 NOTICE of Appearance by Peter Nelson Ives on behalf of New Mexico State Department of Cultural Affairs (DCA) (Ives, Peter)
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Friday, March 19, 2021
13 13 CERTIFICATE OF SERVICE by Gilbert Guzman Order Denying Request for Ex-Parte Hearing and Order Setting Briefing Schedule to City of Santa Fe (Quintero, Penelope)
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Thursday, March 18, 2021
12 12 SUMMONS Returned Executed by Gilbert Guzman. New Mexico State Department of Cultural Affairs (DCA)(407 Galisteo St, #260, Santa Fe, NM 87501) served on 3/10/2021, answer due 3/31/2021. (Quintero, Penelope) Modified on 3/18/2021 to reflect service address (cmm)
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11 11 SUMMONS Returned Executed by Gilbert Guzman. City of Santa Fe served on 3/10/2021, answer due 3/31/2021. (Quintero, Penelope)
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Wednesday, March 17, 2021
10 10 SUMMONS Returned Executed by Gilbert Guzman. (Quintero, Penelope)
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9 9 SUMMONS Returned Executed by Gilbert Guzman. New Mexico State Department of Cultural Affairs (DCA) served on 3/10/2021, answer due 3/31/2021. (Quintero, Penelope)
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8 8 Writ of Habeas Corpus ad Testificandum for Isabella Sharpe for City of Santa Fe Returned Executed on March 10, 2021., ACKNOWLEDGEMENT OF SERVICE Executed as to5 Affidavit of Service, Acknowledgement filed by Gilbert Guzman., Summons Returned Unexecuted by Gilbert Guzman as to City of Santa Fe., SUMMONS Returned Executed by Gilbert Guzman. (Quintero, Penelope)
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Tuesday, March 16, 2021
7 7 AFFIDAVIT of Service for Complaint served on New Mexico State Department - Attorney General on March 12, 2021, filed by Gilbert Guzman. (Quintero, Penelope)
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6 6 AFFIDAVIT of Service for Complaint served on 1 on March 10, 2021, filed by Gilbert Guzman. (Quintero, Penelope)
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5 5 AFFIDAVIT of Service for Complaint served on 1 on March 10, 2021, filed by Gilbert Guzman. (Quintero, Penelope)
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Wednesday, March 10, 2021
4 4 2 pgs ORDER DENYING REQUEST FOR EX-PARTE HEARING AND ORDER SETTING BRIEFING SCHEDULE by District Judge Kea W. Riggs. Plaintiff SHALL SERVE the complaint and summons, the motion, and this order on the appropriate Defendants and/or entities. Defendants shall respond to2 Plaintiff's Verified Motion and Memorandum of Law in Support of Application for Temporary Restraining Order & Preliminary Injunction within fourteen (14) days of service of the motion. Plaintiff may reply within seven (7) days of the filing of the response. (ve)
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Monday, March 08, 2021
3 3 APPENDIX/SUPPLEMENT re2 First MOTION for Preliminary Injunction and Memorandum of Law in Support of Application for Temporary Restraining Order and Preliminary Injunction Information Sheet for TRO by Gilbert Guzman (Quintero, Penelope)
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2 2 First MOTION for Preliminary Injunction and Memorandum of Law in Support of Application for Temporary Restraining Order and Preliminary Injunction by Gilbert Guzman. (Quintero, Penelope)
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1 1 COMPLAINT Complaint for Threatened Violation of VARA and Breach of Contract against All Defendants ( Filing Fee - Online Payment), filed by Gilbert Guzman.(Quintero, Penelope)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Civil Cover Sheet
Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7578488 re1 Complaint, filed by Gilbert Guzman (Payment made via Pay.gov)(Quintero, Penelope)
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United States District Judge Kea W. Riggs and United States Magistrate Judge John F. Robbenhaar assigned. (jg)
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Summons Issued as to City of Santa Fe, New Mexico, New Mexico State Department of Cultural Affairs. (jg)
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