Nidiffer III et al v. Walmart, Inc.
| New Mexico District Court | |
| Judge: | Kenneth J Gonzales |
| Referred: | John F Robbenhaar |
| Case #: | 1:25-cv-00155 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1441 Petition for Removal- Civil Rights Act |
| Case Filed: | Feb 13, 2025 |
| Terminated: | May 08, 2025 |
| Case in other court: | First Judicial District Court, D-101-CV-25-00018 |
| Last checked: Sunday Mar 30, 2025 6:21 AM MDT |
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Defendant
Walmart, Inc.
Modrall Sperling Roehl Harris & Sisk, PA P.O. Box 2168
Albuquerque, NM 87103 |
Represented By
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Plaintiff
Laurie-Lynn Francese
19 Hillside Drive
Edgewood, NM 87015 |
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Plaintiff
Thomas E Nidiffer III
19 Hillside Drive
Edgewood, NM 87015 |
GPO
May 08 2025
MEMORANDUM OPINION AND ORDER by Chief District Judge Kenneth J. Gonzales granting 5 Defendant's Motion to Dismiss Plaintiff's Complaint. (tah) |
| Docket last updated: 39 minutes ago |
| Thursday, May 08, 2025 | ||
| 12 | 12
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MEMORANDUM OPINION AND ORDER by Chief District Judge Kenneth J. Gonzales granting5 Defendant's Motion to Dismiss Plaintiff's Complaint. (tah)
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| Thursday, March 27, 2025 | ||
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NOTICE of Briefing Complete by Walmart, Inc. re5 MOTION to Dismiss Plaintiff's Complaint filed by Walmart, Inc. (Harrison, Jeremy)
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REPLY to Response to Motion re5 MOTION to Dismiss Plaintiff's Complaint filed by Walmart, Inc.. (Harrison, Jeremy)
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| Friday, March 14, 2025 | ||
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RESPONSE in Opposition re5 MOTION to Dismiss Plaintiff's Complaint filed by Thomas E Nidiffer III, Laurie-Lynn Francese. (jg)
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| Tuesday, March 11, 2025 | ||
| PLEASE TAKE NOTICE that this case has been reassigned to Chief District Judge Kenneth J. Gonzales 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 Laura Fashing no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (eh) | ||
| Monday, February 24, 2025 | ||
| 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 unless consents from all parties have been filed by March 7, 2025. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (bm) | ||
| Thursday, February 20, 2025 | ||
| 6 | 6
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ORDER FINDING GOOD CAUSE TO DELAY SCHEDULING ORDER by Magistrate Judge John F. Robbenhaar. All instructions, deadlines, and hearings in the Initial Scheduling Order (Doc. 3) are VACATED. (kc)
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| 5 | 5
MOTION to Dismiss Plaintiff's Complaint by Walmart, Inc.. (Hickey, Margaret)
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| Tuesday, February 18, 2025 | ||
| 4 | 4
NOTICE by Walmart, Inc. Notice of Errata (Hickey, Margaret)
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Att: 1
Supplement Remainder of State Court File
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| Friday, February 14, 2025 | ||
| 3 | 3
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INITIAL SCHEDULING ORDER: by Magistrate Judge John F. Robbenhaar. Joint Status Report due by 3/24/2025. Telephone Scheduling Conference set for 4/3/2025 at 10:30 AM before Magistrate Judge John F. Robbenhaar. The parties will call Judge Robbenhaar's Webex Conference Line at 1-855-244-8681, Access Code 2319 590 6841, to connect to the proceedings. 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 3/7/2025. (kc)
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| United States Magistrate Judge Laura Fashing and United States Magistrate Judge John F. Robbenhaar assigned. (dr) | ||
| 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.] (dr) | ||
| Filing and Administrative Fees Received: $ 405 receipt number ANMDC-9783554 re1 Notice of Removal, filed by Walmart, Inc. (Payment made via Pay.gov)(Hickey, Margaret) | ||
| Thursday, February 13, 2025 | ||
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NOTICE OF REMOVAL by Walmart, Inc. from First Judicial District Court, case number D-101-CV-2025-00018. ( Filing Fee - Online Payment), filed by Walmart, Inc..(Hickey, Margaret)
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B
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