Excel Aircraft, LLC v. Blattner Energy, LLC
| New Mexico District Court | |
| Judge: | James O Browning |
| Referred: | Jerry H Ritter |
| Case #: | 2:24-cv-00881 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1441 Petition for Removal- Breach of Contract |
| Case Filed: | Sep 04, 2024 |
| Terminated: | Dec 31, 2024 |
| Case in other court: | Twelfth Judicial District Court, D-1226-CV-24-00141 |
| Last checked: Monday Mar 03, 2025 1:36 AM MST |
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Counter Claimant
Blattner Energy, LLC
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Represented By
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Counter Defendant
Excel Aircraft, LLC
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Represented By
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Defendant
Blattner Energy, LLC
Sutin, Thayer & Browne APC PO Box 1945
Albuquerque, NM 87103 |
Represented By
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Plaintiff
Excel Aircraft, LLC
Marrs Griebel Law, Ltd. 1000 Gold Avenue, SW
Albuquerque, NM 87102 |
Represented By
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| Docket last updated: 58 minutes ago |
| Tuesday, December 31, 2024 | ||
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Letter by United States District Court Clerk remanding case back to Twelfth Judicial District Court. (cmm)
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FINAL JUDGMENT by District Judge James O. Browning. (cmm)
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| Thursday, December 12, 2024 | ||
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ORDER by District Judge James O. Browning granting27 Motion to Remand. (cmm)
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| Tuesday, December 10, 2024 | ||
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NOTICE by Excel Aircraft, LLC re27 MOTION to Remand of Non-Opposition & Completion of Briefing (Griebel, Patrick)
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| Tuesday, December 03, 2024 | ||
| INSTRUCTIONS by Magistrate Judge Jerry H. Ritter to join telephonic status conference set for February 24, 2025 , at 9:00 AM MT . To join the proceedings, parties shall call my toll-free line at (855) 244-8681 and enter the access code 2300 319 9611# . [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jm) | ||
| Monday, November 25, 2024 | ||
| 30 | 30
Third MOTION for Extension of Time to File Answer by Excel Aircraft, LLC. (Griebel, Patrick)
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| Wednesday, November 20, 2024 | ||
| 29 | 29
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ORDER SETTING SETTLEMENT CONFERENCE by Magistrate Judge Jerry H. Ritter. Settlement Conference set for March 7, 2025 , at 9:00 AM MT in Las Cruces - 480 Picacho Courtroom (South Tower) before Magistrate Judge Jerry H. Ritter. The Court also sets a telephonic Status Conference for February 24, 2025 , at 9:00 AM MT . The Court will issue instructions to join the proceedings closer to the date of the hearing. (jm)
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| Friday, November 15, 2024 | ||
| 28 | 28
Second MOTION for Extension of Time to File Answer by Excel Aircraft, LLC. (Griebel, Patrick)
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| Tuesday, November 12, 2024 | ||
| 27 | 27
MOTION to Remand by Excel Aircraft, LLC. (Griebel, Patrick)
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Att: 1
Exhibit A - Declaration
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| 26 | 26
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ORDER by District Judge James O. Browning granting24 Motion for Extension of Time to Answer re24 Unopposed MOTION for Extension of Time to File Answer . Excel Aircraft, LLC answer due 11/13/2024. (cmm)
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| Friday, November 08, 2024 | ||
| 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: No. 18. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) | ||
| Thursday, November 07, 2024 | ||
| 24 | 24
Unopposed MOTION for Extension of Time to File Answer by Excel Aircraft, LLC. (Griebel, Patrick)
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| Wednesday, November 06, 2024 | ||
| PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge James O. Browning 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. Chief United States Magistrate Jud Gregory B. Wormuth no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) | ||
| Tuesday, October 22, 2024 | ||
| 22 | 22
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SCHEDULING ORDER by Magistrate Judge Jerry H. Ritter. Discovery due by 4/21/2025 . Motions relating to discovery due by 4/28/2025 . All other pretrial motions due by 6/2/2025 . (jm)
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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 14 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) | ||
| CLERK'S MINUTES for telephonic Rule 16 Scheduling Conference held before Magistrate Judge Jerry H. Ritter on 10/22/2024. Attorney Griebel appeared for Plaintiff, and Attorneys Looney, Guenther, and Lindmark appeared for Defendant. The parties reported no issues with initial disclosures, and the Court informed the parties of its discovery dispute procedure of holding informal telephonic conferences prior to filing a motion. There are no pending motions at this time. The parties set dates for their discovery plan which will be reflected in the scheduling order, filed separately. Chambers will contact parties to pick a date for a settlement conference, anticipated to be held in person in Las Cruces. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jm) | ||
| Wednesday, October 16, 2024 | ||
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ANSWER to14 Amended Complaint, Affirmative Defenses , COUNTERCLAIM for breach of contract and breach of implied duty of good faith and fair dealing against Excel Aircraft, LLC by Blattner Energy, LLC.(Guenther, Joseph)
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Att: 1
Exhibit Exhibit A (Subcontract),
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Att: 2
Exhibit Exhibit B (Correspondence),
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Att: 3
Exhibit Exhibit C (Correspondence),
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Att: 4
Exhibit Exhibit D (Correspondence)
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| Tuesday, October 15, 2024 | ||
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CERTIFICATE OF SERVICE by Excel Aircraft, LLC Plaintiff/Counter Defendant's Initial Disclosures (Griebel, Patrick)
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CERTIFICATE OF SERVICE by Blattner Energy, LLC Rule 26(a)(1) Initial Disclosures (Guenther, Joseph)
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REPORT of Rule 26(f) Planning Meeting (Guenther, Joseph)
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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), Excel Aircraft, 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. (Griebel, Patrick) | ||
| Wednesday, October 02, 2024 | ||
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AMENDED COMPLAINT for Breach of Contract, Negligent Misrepresentation, Fraudulent Misrepresentation, and Unjust Enrichment against Blattner Energy, LLC., filed by Excel Aircraft, LLC.(Griebel, Patrick)
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Att: 1
Exhibit A - Subcontract Agreement
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| Tuesday, September 24, 2024 | ||
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WAIVER OF SERVICE Returned Executed by Excel Aircraft, LLC as to All Plaintiffs. (Griebel, Patrick)
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| Monday, September 23, 2024 | ||
| 12 | 12
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INITIAL SCHEDULING ORDER by Magistrate Judge Jerry H. Ritter SETTING a telephonic Rule 16 Scheduling Conference for Tuesday, October 22, 2024 at 02:00 PM MST . To join the proceedings, parties shall call my toll-free line at (888) 278-0296 , then enter the access code 9998216# . JSR, initial disclosures, and notices of consent to proceed before the presiding Magistrate Judge are due by October 15, 2024 . Consent is strictly voluntary. (jm)
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| Wednesday, September 18, 2024 | ||
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AFFIDAVIT re 9 Association of Attorney Licensed Outside the District, Certification of Good Standing by Blattner Energy, LLC (Looney, Stevan)
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AFFIDAVIT re 8 Association of Attorney Licensed Outside the District, Certification of Good Standing by Blattner Energy, LLC (Looney, Stevan)
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| ASSOCIATION of Attorney Licensed Outside the District for Defendant Blattner Energy, LLC by Stevan Douglas Looney on behalf of: Patrick J. Lindmark TAFT STETTINIUS & HOLLISTER LLP 2200 IDS Center, 80 South Eighth Street Minneapolis, Minnesota 55402 612-977-8573 plindmark@taftlaw.com (Association Dues - Online Payment) (Looney, Stevan) | ||
| ASSOCIATION of Attorney Licensed Outside the District for Defendant Blattner Energy, LLC by Stevan Douglas Looney on behalf of: Joseph P. Guenther TAFT STETTINIUS & HOLLISTER LLP 41 S. High Street, Suite 1800 Columbus, Ohio 43215 614-221-2838 jguenther@taftlaw.com (Association Dues - Online Payment) (Looney, Stevan) | ||
| Association Dues Received: $ 100 receipt number ANMDC-9549063 re: # 8 Association of Attorney Licensed Outside the District, filed by Blattner Energy, LLC (Payment made via Pay.gov)(Looney, Stevan) | ||
| Association Dues Received: $ 100 receipt number ANMDC-9549067 re: # 9 Association of Attorney Licensed Outside the District, filed by Blattner Energy, LLC (Payment made via Pay.gov)(Looney, Stevan) | ||
| Friday, September 13, 2024 | ||
| 6 | 6
NOTICE by Excel Aircraft, LLC of Good Standing (Griebel, Patrick)
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Att: 1
Robert Kennedy, Jr.s 28 U.S.C. § 1376 Declaration
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| ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Excel Aircraft, LLC by Patrick J Griebel on behalf of: Robert Kennedy, Jr. Cook, Yancey, King, & Galloway, APLC PO Box 22260 Shreveport, LA 71120 318-227-7726 robert.kennedy@cookyancey.com (Association Dues - Online Payment) (Griebel, Patrick) | ||
| Association Dues Received: $ 100 receipt number ANMDC-9542668 re: # 7 Association of Attorney Licensed Outside the District, filed by Excel Aircraft, LLC (Payment made via Pay.gov)(Griebel, Patrick) | ||
| Wednesday, September 11, 2024 | ||
| 5 | 5
ANSWER to Complaint (Notice of Removal) , Affirmative Defenses , COUNTERCLAIM against Excel Aircraft, LLC by Blattner Energy, LLC. (Looney, Stevan)
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| Wednesday, September 04, 2024 | ||
| 4 | 4 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) | |
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Corporate Disclosure Statement by Blattner Energy, LLC identifying Corporate Parent Blattner Energy, LLC for Blattner Energy, LLC. (Looney, Stevan)
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APPENDIX/SUPPLEMENT re1 Notice of Removal Civil Cover Sheet by Blattner Energy, LLC (Looney, Stevan)
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NOTICE OF REMOVAL by Blattner Energy, LLC from Twelfth Judicial District Court, case number D-1226-CV-2024-00141. ( Filing Fee - Online Payment), filed by Blattner Energy, LLC. (Looney, Stevan)
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| Filing and Administrative Fees Received: $ 405 receipt number ANMDC-9527394 re1 Notice of Removal filed by Blattner Energy, LLC (Payment made via Pay.gov)(Looney, Stevan) | ||
| 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 Jerry H. Ritter assigned. (jg) | ||
| 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) | ||