Herrera v. Board of Regents of the University of New Mexico et al
| New Mexico District Court | |
| Judge: | Laura Fashing |
| Referred: | Steven C Yarbrough |
| Case #: | 1:24-cv-00548 |
| Nature of Suit | 362 Torts - Personal Injury - Medical Malpractice |
| Cause | 28:1441 Petition for Removal- Medical Malpractice |
| Case Filed: | Jun 03, 2024 |
| Case in other court: | Second Judicial District Court, D-202-CV-22-03419 |
| Last checked: Saturday Nov 30, 2024 2:15 AM MST |
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Defendant
Mark Epstein, MD
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Represented By
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Defendant
Board of Regents of the University of New Mexico
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Represented By
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Defendant
United States of America
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Represented By
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Plaintiff
Victor Herrera
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Katie Gardner, DO
Terminated: 07/26/2024
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Represented By
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| Docket last updated: 05/23/2025 11:59 PM MDT |
| Tuesday, December 03, 2024 | ||
| 27 | 27
NOTICE of Voluntary Dismissal of Case by Victor Herrera (Estes, Daniel)
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| ORDER by Magistrate Judge Steven C. Yarbrough. In light of the parties' notice of voluntary dismissal, the Court VACATES the Status Conference set for 12/3/2024 at 09:30 AM. (kfo) | ||
| Tuesday, October 22, 2024 | ||
| ORDER by Magistrate Judge Steven C. Yarbrough providing the call-in information for the Status Conference on 12/3/2024 at 09:30 AM. The parties shall call the WebEx Conference line at (855) 244-8681 [Access Code 2306 150 0346] to connect to the proceedings. When prompted for an Attendee ID number, press #. There may be a short wait before you are prompted for the Attendee ID number. This order does not make any other changes to the scheduled conference. (kfo) | ||
| Thursday, September 05, 2024 | ||
| 25 | 25
CERTIFICATE OF SERVICE by United States of America Defendant the United States of America's First Supplemental Initial Disclosures (Eaton, Brett)
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| Monday, August 26, 2024 | ||
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Clerk's Minutes for proceedings held before Magistrate Judge Steven C. Yarbrough: Scheduling Conference held on 8/22/2024. (kfo)
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| Thursday, August 22, 2024 | ||
| 23 | 23
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SCHEDULING ORDER: by Magistrate Judge Steven C. Yarbrough. Discovery due by 3/7/2025. Pretrial Motions due by 4/7/2025. (kfo)
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| ORDER by Magistrate Judge Steven C. Yarbrough. Status Conference set for 12/3/2024 at 09:30 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Steven C. Yarbrough. (kfo) | ||
| Thursday, August 15, 2024 | ||
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Joint Status Report and Provisional Discovery Plan by United States of America (Eaton, Brett)
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| CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), United States of America voluntarily consent(s) to have United States Magistrate Judge Laura Fashing conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Eaton, Brett) | ||
| NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 19 Consent to Proceed Before a U.S. Magistrate Judge, filed by United States of America, 10 Consent to Proceed Before a U.S. Magistrate Judge, filed by Mark Epstein, MD, Board of Regents of the University of New Mexico, 14 Consent to Proceed Before a U.S. Magistrate Judge, filed by Victor Herrera. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc) | ||
| Friday, August 09, 2024 | ||
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CERTIFICATE OF SERVICE by Victor Herrera Plaintiff's Initial Disclosures (Estes, Daniel)
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| Thursday, August 08, 2024 | ||
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CERTIFICATE OF SERVICE by Board of Regents of the University of New Mexico, Mark Epstein, MD Rule 26(a)(1) Initial Disclosure (Barnett, Chance)
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| 16 | 16
CERTIFICATE OF SERVICE by United States of America Defendant United States of America's Rule 26 Initial Disclosures (Eaton, Brett)
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| Friday, July 26, 2024 | ||
| CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Victor Herrera voluntarily consent(s) to have United States Magistrate Judge Laura Fashing conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Estes, Daniel) | ||
| 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 7 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If a party has already entered its consent, that party need not resubmit. (amf) | ||
| Thursday, July 25, 2024 | ||
| 12 | 12
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ORDER by Magistrate Judge Steven C. Yarbrough granting11 Motion to Substitute Party. (kfo)
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| 11 | 11
Unopposed MOTION to Substitute Party by Katie Gardner, DO. (Eaton, Brett)
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| CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Board of Regents of the University of New Mexico, Mark Epstein, MD voluntarily consent(s) to have United States Magistrate Judge Laura Fashing conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Barnett, Chance) | ||
| CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Katie Gardner, DO voluntarily consent(s) to have United States Magistrate Judge Laura Fashing conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Eaton, Brett) | ||
| Tuesday, June 25, 2024 | ||
| 9 | 9
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INITIAL SCHEDULING ORDER: by Magistrate Judge Steven C. Yarbrough. Joint Status Report due by 8/12/2024. Scheduling Conference set for 8/22/2024 at 10:30 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Steven C. Yarbrough. (kfo)
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| Monday, June 24, 2024 | ||
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Defendant United States of America's ANSWER to Complaint (Notice of Removal) First Amended Complaint for Medical Negligence by Katie Gardner, DO. (Eaton, Brett)
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| Tuesday, June 11, 2024 | ||
| 7 | 7
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ORDER by Magistrate Judge Steven C. Yarbrough granting6 Motion for Extension of Time to Answer (kfo)
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| Monday, June 10, 2024 | ||
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Unopposed MOTION for Extension of Time to File Answer re1 Notice of Removal, First Amended Complaint for Medical Negligence by Katie Gardner, DO. (Eaton, Brett)
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| Wednesday, June 05, 2024 | ||
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NOTICE by Katie Gardner, DO Notice of Filing Acknowledgment by State Court Clerk of Receipt of Notice of Removal of Action (Eaton, Brett)
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Att: 1
State Court Acknowledgment
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| Tuesday, June 04, 2024 | ||
| PLEASE TAKE NOTICE that this case has been randomly reassigned to Magistrate Judge Steven C. Yarbrough 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 Jennifer M. Rozzoni no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc) | ||
| Monday, June 03, 2024 | ||
| 3 | 3
NOTICE by Katie Gardner, DO Notice of Filing of Record Before The Second Judicial District Court (Eaton, Brett)
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| 2 | 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Laura Fashing 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.] (bc) | |
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NOTICE OF REMOVAL by Katie Gardner, DO from State of New Mexico Second Judicial District, case number D-202-CV-2022-03419. ( Filing Fee - Waived), filed by Katie Gardner, DO.(Eaton, Brett)
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit A - First Amended Complaint,
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Att: 3
Exhibit B - Certification
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| United States Magistrate Judge Laura Fashing and United States Magistrate Judge Jennifer M. Rozzoni assigned. (bc) | ||
| PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Laura Fashing 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.] (bc) | ||