Silva et al v. West Texas Frac Sand Logistics LLC et al
| New Mexico District Court | |
| Judge: | Gregory B Wormuth |
| Referred: | Gregory J Fouratt |
| Case #: | 2:24-cv-00874 |
| Nature of Suit | 350 Torts - Personal Injury - Motor Vehicle |
| Cause | 28:1441 Petition for Removal- Personal Injury |
| Case Filed: | Aug 30, 2024 |
| Last checked: Wednesday Feb 26, 2025 2:01 AM MST |
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Defendant
1F Services, LLC
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Defendant
5F Brokerage, LLC
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Defendant
5F Leasing, LLC
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Defendant
5F Logistics, LLC
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Defendant
Asset Leasing Marketplace, LLC
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Represented By
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Defendant
Don-Nedu Transnational LLC
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Represented By
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Defendant
Halliburton Energy Services, Inc.
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Represented By
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Defendant
LoHi Logistics, LLC
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Represented By
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Defendant
Augustine C Ugoagwu
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Represented By
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Defendant
West Texas Frac Sand Logistics LLC
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Represented By
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Plaintiff
Ines Silva
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Represented By
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Plaintiff
Jesus Silva
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Represented By
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Plaintiff
Michael Silva
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Represented By
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| Docket last updated: 05/19/2025 11:59 PM MDT |
| Thursday, May 01, 2025 | ||
| 36 | 36
BRIEF Supplement Addressing Substantial Federal Question Argument Raised in Remand Briefing by Ines Silva, Jesus Silva, Michael Silva (Buckingham, Kent)
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Att: 1
Exhibit Orders
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| Friday, April 25, 2025 | ||
| 35 | 35
2
pgs
ORDER FOR SUPPLEMENTAL BRIEFING by Chief Magistrate Judge Gregory B. Wormuth re18 Plaintiffs' Motion to Remand. Plaintiffs shall file a supplemental brief no later than May 1, 2025 . (jd)
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| Friday, November 01, 2024 | ||
| 34 | 34
NOTICE by Michael Silva re18 MOTION to Remand Notice of Completion of Briefing on Plaintiffs Motion to Remand (Sears, Kathryn)
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| 33 | 33
REPLY to Response to Motion re18 MOTION to Remand Plaintiffs Reply to Def. LoHi Logistics, LLCs Response in Opposition to Plfs Motion to Remand filed by Michael Silva. (Sears, Kathryn)
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| Monday, October 28, 2024 | ||
| 32 | 32
NOTICE by Michael Silva re26 Response in Opposition to Motion of Stipulated Extension of Time for Plaintiffs to file Reply to Defendant LoHi Logistics, LLC's Motion to Remand (Sears, Kathryn)
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Att: 1
Exhibit
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| 31 | 31
**FILED IN ERROR** NOTICE by Michael Silva re26 Response in Opposition to Motion of Stipulated Extension of Time for Plaintiffs to file Response to Defendant LoHi Logistics, LLC's Motion to Dismiss (Sears, Kathryn) Modified on 10/28/2024-FIE, per helpdesk K.Sears (cmm)
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Att: 1
Exhibit
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| Thursday, October 24, 2024 | ||
| 30 | 30
CERTIFICATE OF SERVICE by Asset Leasing Marketplace, LLC Defendant Asset Leasing Marketplace, LLC f/k/a LoHi Asset Leasing Marketplace, LLC's Objections and Responses to Plaintiff Michael Silva's First Set of Requests for Production (Chiado, Nicholas)
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| Tuesday, October 22, 2024 | ||
| NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 23 Consent to Proceed Before a U.S. Magistrate Judge filed by LoHi Logistics, LLC, 24 Consent to Proceed Before a U.S. Magistrate Judge, filed by Halliburton Energy Services, Inc., 20 Consent to Proceed Before a U.S. Magistrate Judge filed by Ines Silva, Michael Silva, Jesus Silva, 10 Consent to Proceed Before a U.S. Magistrate Judge filed by Asset Leasing Marketplace, LLC, 25 Consent to Proceed Before a U.S. Magistrate Judge filed by Don-Nedu Transnational LLC, Augustine C Ugoagwu, 22 Consent to Proceed Before a U.S. Magistrate Judge filed by West Texas Frac Sand Logistics LLC, 14 Consent to Proceed Before a U.S. Magistrate Judge filed by Don-Nedu Transnational LLC. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kls) | ||
| Monday, October 14, 2024 | ||
| 28 | 28
NOTICE of Briefing Complete by LoHi Logistics, LLC re5 MOTION to Dismiss filed by LoHi Logistics, LLC (Fisher, Brian)
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| 27 | 27
REPLY to Response to Motion re5 MOTION to Dismiss filed by LoHi Logistics, LLC. (Fisher, Brian)
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Att: 1
Exhibit
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| 26 | 26
RESPONSE in Opposition re18 MOTION to Remand filed by LoHi Logistics, LLC. (Fisher, Brian)
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Att: 1
Exhibit
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| Thursday, October 03, 2024 | ||
| CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Don-Nedu Transnational LLC, Augustine C Ugoagwu voluntarily consent(s) to have United States Chief Magistrate Judge Gregory B. Wormuth conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Corchine, Robert) | ||
| Wednesday, October 02, 2024 | ||
| CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Halliburton Energy Services, Inc. voluntarily consent(s) to have United States Chief Magistrate Judge Gregory B. Wormuth conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Ray, Jeff) | ||
| Tuesday, October 01, 2024 | ||
| ORDER FINDING GOOD CAUSE TO DELAY ENTERING A SCHEDULING ORDER by Magistrate Judge Gregory J. Fouratt. In light of the pending5 Motion to Dismiss and18 Motion to Remand, the Court hereby finds good cause under Fed. R. Civ. P. 16 to delay holding a scheduling conference and entering a scheduling order. If the presiding judge denies these motions, the Court will set the matter for scheduling. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (am) | ||
| CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), West Texas Frac Sand Logistics LLC voluntarily consent(s) to have United States Chief Magistrate Judge Gregory B. Wormuth conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Borner, Cord) | ||
| CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), LoHi Logistics, LLC voluntarily consent(s) to have United States Chief Magistrate Judge Gregory B. Wormuth conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Fisher, Brian) | ||
| Monday, September 30, 2024 | ||
| 19 | 19
RESPONSE in Opposition re5 MOTION to Dismiss filed by Ines Silva, Jesus Silva, Michael Silva. (Sears, Kathryn)
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Att: 1
Exhibit 19-1,
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Att: 2
Exhibit 19-2,
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Att: 3
Exhibit 19-3
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| 18 | 18
MOTION to Remand by Ines Silva, Jesus Silva, Michael Silva. (Sears, Kathryn)
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Att: 1
Exhibit 17-1,
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Att: 2
Exhibit 17-2,
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Att: 3
Exhibit 17-3,
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Att: 4
Exhibit 17-4,
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Att: 5
Exhibit 17-5
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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), Ines Silva, Jesus Silva, Michael Silva voluntarily consent(s) to have United States Chief Magistrate Judge Gregory B. Wormuth conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Sears, Kathryn) | ||
| Friday, September 27, 2024 | ||
| 17 | 17
NOTICE by LoHi Logistics, LLC of Compliance with D.N.M.LR-Civ.81.1(a) (Fisher, Brian)
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Att: 1
Exhibit A
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| Friday, September 20, 2024 | ||
| 16 | 16
NOTICE by Michael Silva of Stipulated Extension of Time for Plaintiffs to file Response to Defendant LoHi Logistics, LLC's Motion to Dismiss (Sears, Kathryn)
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| Monday, September 16, 2024 | ||
| 15 | 15
ANSWER to Complaint (Notice of Removal) by Don-Nedu Transnational LLC. (Corchine, Robert)
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| 13 | 13
NOTICE of Appearance by Robert A. Corchine on behalf of Don-Nedu Transnational LLC (Corchine, Robert)
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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), Don-Nedu Transnational LLC voluntarily consent(s) to have United States Chief Magistrate Judge Gregory B. Wormuth conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Corchine, Robert) | ||
| Friday, September 13, 2024 | ||
| 12 | 12
NOTICE of Appearance by Cord Borner on behalf of West Texas Frac Sand Logistics LLC (Borner, Cord)
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| 11 | 11
ANSWER to Complaint (Notice of Removal) by West Texas Frac Sand Logistics LLC. (Borner, Cord)
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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), Asset Leasing Marketplace, LLC voluntarily consent(s) to have United States Chief Magistrate Judge Gregory B. Wormuth conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Sanders, Ryan) | ||
| Thursday, September 12, 2024 | ||
| 9 | 9
ANSWER to Complaint (Notice of Removal) Answer to Plaintiffs' Second Amended Original Complaint to Recover Damages for Personal Injuries by Asset Leasing Marketplace, LLC. (Sanders, Ryan)
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| 8 | 8
NOTICE of Appearance by Ryan Thomas Sanders on behalf of Asset Leasing Marketplace, LLC (Sanders, Ryan)
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| Wednesday, September 11, 2024 | ||
| 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 21 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) | ||
| Monday, September 09, 2024 | ||
| 5 | 5
MOTION to Dismiss by LoHi Logistics, LLC. (Fisher, Brian)
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Att: 1
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
Exhibit F
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| ORDER TO FILE STATE COURT RECORD AND ANSWERS FILED IN STATE COURT by Magistrate Judge Gregory J. Fouratt. In accordance with D.N.M.LR-Civ. 81.1(a), Defendant LoHi Logistics, LLC shall file by 9/27/2024, copies of all records and proceedings filed in this matter in state court. In addition, any defendant who answered Plaintiffs Second Amended Complaint in state court, shall file that answer on the federal docket by 9/16/2024. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (am) | ||
| Friday, September 06, 2024 | ||
| 4 | 4
MOTION to Dismiss by LoHi Logistics, LLC. (Fisher, Brian)
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Att: 1
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
Exhibit F
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| Tuesday, September 03, 2024 | ||
| 3 | 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Chief 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.] (jg) | |
| Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (jg) | ||
| Chief United States Magistrate Judge Gregory B. Wormuth and United States Magistrate Judge Gregory J. Fouratt assigned. (jg) | ||
| Filing and Administrative Fees Received: $ 405 receipt number ANMDC-9525510 re1 Notice of Removal, filed by LoHi Logistics, LLC (Payment made via Pay.gov)(Fisher, Brian) | ||
| Friday, August 30, 2024 | ||
| 2 | 2
NOTICE of Appearance by Brian J. Fisher on behalf of LoHi Logistics, LLC (Fisher, Brian)
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| 1 | 1
NOTICE OF REMOVAL by LoHi Logistics, LLC from First Judicial District Court of Santa Fe County, case number D-101-CV-2021-01922. ( Filing Fee - Online Payment), filed by LoHi Logistics, LLC.(Fisher, Brian)
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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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