Owen v. Audubon Field Solutions, LLC
| New Mexico District Court | |
| Judge: | Matthew L Garcia |
| Referred: | Damian L Martinez |
| Case #: | 2:24-cv-00215 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 28:1441 Petition for Removal |
| Case Filed: | Mar 01, 2024 |
| Case in other court: | First Judicial District Court, D-117-cv-24-00044 |
| Last checked: Wednesday Aug 28, 2024 4:06 AM MDT |
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Defendant
Audubon Field Solutions, LLC
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Represented By
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Plaintiff
David Owen
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Represented By
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| Docket last updated: 36 minutes ago |
| Friday, May 16, 2025 | ||
| 41 | 41
REPLY to Response to Motion re33 MOTION to Compel Depositions and Reopen Discovery filed by David Owen. (White, Alyssa)
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Att: 1
Exhibit 1 - Email,
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Att: 2
Exhibit 2 - Email serving amended notice 306b6
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| Wednesday, May 14, 2025 | ||
| 40 | 40
RESPONSE in Opposition re33 MOTION to Compel Depositions and Reopen Discovery CORRECTED filed by Audubon Field Solutions, LLC. (Wilson, Charles)
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 3,
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Att: 3
Exhibit 4,
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Att: 4
Exhibit 5,
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Att: 5
Exhibit 6,
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Att: 6
Exhibit 8,
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Att: 7
Exhibit 9
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| 39 | 39
APPENDIX/SUPPLEMENT re33 MOTION to Compel Depositions and Reopen Discovery by David Owen (White, Alyssa)
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Att: 1
Exhibit 2 - Audubon Disclosures,
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Att: 2
Exhibit 3 - Suppl. ROG Response,
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Att: 3
Exhibit 4 - Rivas 2025 Depo,
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Att: 4
Exhibit 5 - Theard 2025 Depo,
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Att: 5
Exhibit 6 - Hawkins 2024 Depo,
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Att: 6
Exhibit 7 - Rivas 2024 Depo,
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Att: 7
Exhibit 8 - Theard 2024 Depo,
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Att: 8
Exhibit 9 - Requesting Depo Dates,
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Att: 9
Exhibit 10 - Hawkins 2025 Depo,
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Att: 10
Exhibit 11 - Wellons Notice of Depo,
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Att: 11
Exhibit 12 - Extension Request
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| Monday, May 12, 2025 | ||
| 38 | 38
NOTICE by David Owen of Service of Discovery (White, Alyssa)
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| 37 | 37
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ORDER directing parties to refile exhibits pursuant to DNM LR-Civ. 10.5-10.6 no later than 5/14/2025 by Magistrate Judge Damian L. Martinez. (dkf)
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| Friday, May 09, 2025 | ||
| 36 | 36
RESPONSE in Opposition re33 MOTION to Compel Depositions and Reopen Discovery and Compel The Deposition of Dan Wellons and A Corporate Representative filed by Audubon Field Solutions, LLC. (Wilson, Charles)
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8,
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Att: 9
Exhibit 9
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| Monday, May 05, 2025 | ||
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ORDER by Magistrate Judge Damian L. Martinez. The Court grants in part33 Motion to Compel, in that discovery is extended as follows:
Discovery Deadline: 7/7/2025
Discovery motions deadline: 7/17/2025
Pretrial motions deadline: 7/28/2025
The Court reserves ruling on the motion to compel.
The Court grants34 Motion to Expedite .
The Court sets a telephonic motion hearing 6/4/2025 at 8:30am. (dkf)
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| Friday, May 02, 2025 | ||
| 34 | 34
MOTION to Expedite Briefing on Plaintiff's Motion to Reopen Discovery and Compel Depositions [Doc. 33] by David Owen. (White, Alyssa)
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| 33 | 33
MOTION to Compel Depositions and Reopen Discovery by David Owen. (White, Alyssa)
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Att: 1
Ex. 1- Audubon Interrogatory Resp,
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Att: 2
Ex. 2- Audubon Disclosures,
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Att: 3
Ex. 3- Suppl. ROG Resp,
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Att: 4
Ex. 4- Rivas 2025 Dep.,
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Att: 5
Ex. 5- Theard 2025 Dep.,
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Att: 6
Ex. 6- Hawkins 2024 Dep.,
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Att: 7
Ex. 7- Rivas 2024 Dep,
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Att: 8
Ex. 8- Theard 2024 Dep,
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Att: 9
Ex. 9- Requesting Dep. Dates,
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Att: 10
Ex. 10- Hawkins 2025 dep.,
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Att: 11
Ex. 11- Wellons NOD,
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Att: 12
Ex. 12- Extension Request
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| 32 | 32
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ORDER by Magistrate Judge Damian L. Martinez denying29 Motion for Protective Order (dkf)
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| 31 | 31
Clerk's Minutes for proceedings held before Magistrate Judge Damian L. Martinez: Motion Hearing held on 5/2/2025 re29 MOTION for Protective Order. (dkf)
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| ORDER Setting Hearing on29 MOTION for Protective Order by Magistrate Judge Damian L. Martinez. Telephonic Motion Hearing set for 5/2/2025 at 08:00 AM before Magistrate Judge Damian L. Martinez. Call 855-244-8681 and use passcode 2317 194 3997 to be connected. (dkf) | ||
| Thursday, May 01, 2025 | ||
| 29 | 29
MOTION for Protective Order Regarding Deposition of Dan Wellons by Audubon Field Solutions, LLC. (Wilson, Charles)
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6
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| 28 | 28
NOTICE by Audubon Field Solutions, LLC of Non-Appearance of Dan Wellons (Wilson, Charles)
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| Wednesday, April 02, 2025 | ||
| 27 | 27
Clerk's Minutes for proceedings held before Magistrate Judge Damian L. Martinez: Discovery Hearing held on 4/2/2025. (dkf)
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| Wednesday, March 26, 2025 | ||
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***DUPLICATE ENTRY*** ORDER by Magistrate Judge Damian L. Martinez granting24 Motion. The Court will hold a telephonic informal discovery conference on 4/2/2025 at 9:30am. (dkf) Modified text on 3/26/2025 (ac)
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ORDER by Magistrate Judge Damian L. Martinez granting24 Motion. The Court will hold a telephonic informal discovery conference on 4/2/2025 at 9:30am. (dkf)
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| Monday, March 24, 2025 | ||
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Joint MOTION Informal Discovery Conference by David Owen. (White, Alyssa)
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| Tuesday, February 11, 2025 | ||
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Clerk's Minutes for proceedings held before Magistrate Judge Damian L. Martinez: Status Conference held on 2/11/2025. (dkf)
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| Tuesday, January 28, 2025 | ||
| ORDER by District Judge Matthew L. Garcia granting21 Joint Motion to Modify Schedule. Discovery Deadline: April 4, 2025. Discovery-Related Motions Deadline: May 2, 2025. Pretrial Motions Deadline: May 23, 2025. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (emr) | ||
| Monday, January 27, 2025 | ||
| 21 | 21
Joint MOTION to Extend (other) Litigation Schedule by David Owen. (White, Alyssa)
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| 20 | 20
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ORDER by Magistrate Judge Damian L. Martinez. Telephonic Status Conference set for 2/11/2025 at 08:30 AM before Magistrate Judge Damian L. Martinez. (dkf)
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| Friday, December 13, 2024 | ||
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Informal Discovery Order by Magistrate Judge Damian L. Martinez. (dkf)
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| 18 | 18
Clerk's Minutes for proceedings held before Magistrate Judge Damian L. Martinez: Discovery Hearing held on 12/12/2024. (dkf)
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| Tuesday, December 03, 2024 | ||
| 17 | 17
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ORDER by Magistrate Judge Damian L. Martinez granting16 Motion for Informal Discovery Conference and setting telephonic conference on 12/12/2024 at 3:00pm . (dkf)
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| Monday, December 02, 2024 | ||
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Joint MOTION Informal Discovery Conference by David Owen. (White, Alyssa)
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| Friday, October 18, 2024 | ||
| 15 | 15
NOTICE by David Owen of Intent Regarding Class Certification (White, Alyssa)
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Att: 1
Exhibit 1. Email Correspondence
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| Thursday, September 12, 2024 | ||
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NOTICE of Appearance by Alyssa White on behalf of David Owen (White, Alyssa)
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| Tuesday, June 04, 2024 | ||
| 13 | 13
NOTICE of Appearance by Ashton Hoffman on behalf of Audubon Field Solutions, LLC (Hoffman, Ashton)
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| 12 | 12
NOTICE of Appearance by Charles Howard Wilson on behalf of Audubon Field Solutions, LLC (Wilson, Charles)
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| Tuesday, May 07, 2024 | ||
| PLEASE TAKE NOTICE that this case has been reassigned to District Judge Matthew L. Garcia 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 Kevin R. Sweazea no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (eh) | ||
| Thursday, May 02, 2024 | ||
| 10 | 10
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SCHEDULING ORDER : by Magistrate Judge Damian L. Martinez. Class certification motion due no later than 10/18/2024 . Discovery due no later than 2/7/2025 . Discovery motions due no later than 3/7/2025 . Pretrial Motions due no later than 3/28/2025 . (dkf)
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| 9 | 9
Clerk's Minutes for proceedings held before Magistrate Judge Damian L. Martinez: Scheduling Conference held on 5/2/2024. (dkf)
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| Tuesday, April 23, 2024 | ||
| 8 | 8
Joint Status Report and Provisional Discovery Plan by David Owen (Schreiber, Richard)
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| Monday, March 18, 2024 | ||
| 7 | 7
NOTICE of Appearance by Richard M Schreiber on behalf of David Owen (Schreiber, Richard)
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| 6 | 6
NOTICE of Appearance by Andrew W Dunlap on behalf of David Owen (Dunlap, Andrew)
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| 5 | 5
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INITIAL SCHEDULING ORDER : by Magistrate Judge Damian L. Martinez.
Telephonic Rule 16(c) Hearing set for 5/2/2024 at 02:30 PM before Magistrate Judge Damian L. Martinez.
Joint Status Report due by 4/22/2024.
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 4/8/2024.
(dkf)
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Att: 1
ISO Attachment
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| Friday, March 15, 2024 | ||
| 4 | 4
ANSWER to Complaint (Notice of Removal) by Audubon Field Solutions, LLC. (Gillen, Linn)
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| Friday, March 01, 2024 | ||
| 2 | 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kevin R. Sweazea 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) | |
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NOTICE OF REMOVAL by Audubon Field Solutions, LLC from First Judicial District Court, Rio Arriba County, case number D-117-CV-2024-000744. ( Filing Fee - Online Payment), filed by Audubon Field Solutions, LLC.(Gillen, Linn)
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Att: 1
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Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Civil Cover Sheet
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| Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (eh) | ||
| united States Magistrate Judge Kevin R. Sweazea and United States Magistrate Judge Damian L. Martinez assigned. (eh) | ||
| PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kevin R. Sweazea 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) | ||
| Filing fee received online: $ 405, receipt number ANMDC-9245693 (bap) | ||