New Mexico District Court
Judge:Martha Vazquez
Referred: Steven C Yarbrough
Case #: 1:21-cv-00822
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Aug 24, 2021
Last checked: Sunday Feb 20, 2022 2:40 AM MST
Defendant
Kimberly Chavez-Buie
Represented By
Sean Olivas
Jennings Haug Keleher Mcleod LLP
contact info
Chris R. Marquez
Jennings Haug Keleher Mcleod, LLP
contact info
Defendant
Michelle Herrera
Represented By
Sean Olivas
Jennings Haug Keleher Mcleod LLP
contact info
Chris R. Marquez
Jennings Haug Keleher Mcleod, LLP
contact info
Defendant
Esperanza Saiz
Represented By
Sean Olivas
Jennings Haug Keleher Mcleod LLP
contact info
Chris R. Marquez
Jennings Haug Keleher Mcleod, LLP
contact info
Plaintiff
Dennis Murphy
Represented By
Amanda S Carmody
Mcgraw & Associates, LLC
contact info
F Michael Hart
Martinez, Hart, Thompson & Sanchez, P.C.
contact info
Kelly A. Stout Sanchez
Martinez, Hart & Thompson, P.C.
contact info
Julio C. Romero
Martinez Hart Thompson & Sanchez PC
contact info
Margaret Strickland
Mcgraw & Strickland
contact info
Mollie C. McGraw
Mcgraw & Associates, LLC
contact info
Andrew G. Schultz
Rodey Dickason Sloan Akin & Robb, P.A.
contact info

GPO Dec 23 2024
MEMORANDUM OPINION AND ORDER by District Judge Martha Vazquez denying 19 MOTION to Dismiss, and denying 32 Opposed MOTION for Hearing. (fs)

Docket last updated: 03/12/2025 11:59 PM MDT
Wednesday, February 19, 2025
46 46 NOTICE TO USCA that Record is Complete re39 Notice of Appeal. (fs)
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45 45 Appeal Remark re39 Notice of Appeal : Deficiency notice issued. Type of deficiency: District Court has not filed the record notice. Notice record on appeal due 2/24/25. 25-2011 (fs)
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Wednesday, February 12, 2025
44 44 NOTICE of Appearance by Thomas C. Bird on behalf of All Defendants (Bird, Thomas)
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Tuesday, February 11, 2025
43 43 TRANSCRIPT ORDER FORM by Esperanza Saiz for the39 Notice of Appeal (Bird, Thomas)
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Wednesday, January 29, 2025
42 42 USCA Information Letter with Case Number 25-2011 for39 Notice of Appeal filed by Esperanza Saiz. (fs)
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41 41 **RE-SENT** Transmission of Preliminary Record to US Court of Appeals re39 Notice of Appeal (bap)
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Att: 1 Preliminary Record
Tuesday, January 21, 2025
40 40 Transmission of Preliminary Record to US Court of Appeals re39 Notice of Appeal (bap)
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Att: 1 Preliminary Record
Friday, January 17, 2025
39 39 NOTICE OF APPEAL by Esperanza Saiz. (Filing Fee - Online Payment) (Bird, Thomas)
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Filing Fee Received: $ 605 receipt number BNMDC-9735459 re39 Notice of Appeal filed by Esperanza Saiz (Payment made via Pay.gov)(Bird, Thomas)
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Monday, December 23, 2024
38 38 20 pgs MEMORANDUM OPINION AND ORDER by District Judge Martha Vazquez denying19 MOTION to Dismiss, and denying32 Opposed MOTION for Hearing. (fs)
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Tuesday, February 06, 2024
37 37 NOTICE by Dennis Murphy of Withdrawal of Counsel (Andrew Schultz) (Schultz, Andrew)
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36 36 NOTICE of Appearance by Melanie B Stambaugh on behalf of Dennis Murphy (Stambaugh, Melanie)
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Thursday, January 11, 2024
35 35 NOTICE by Dennis Murphy of Supplemental Authority (Schultz, Andrew)
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Friday, September 08, 2023
34 34 NOTICE of Briefing Complete by Dennis Murphy re32 Opposed MOTION for Hearing re19 MOTION to Dismiss and Request for Oral Argument filed by Dennis Murphy (Schultz, Andrew)
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Thursday, September 07, 2023
33 33 RESPONSE to Motion re32 Opposed MOTION for Hearing re19 MOTION to Dismiss and Request for Oral Argument filed by Kimberly Chavez-Buie, Michelle Herrera, Esperanza Saiz. (Marquez, Chris)
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Thursday, August 24, 2023
32 32 Opposed MOTION for Hearing re19 MOTION to Dismiss and Request for Oral Argument by Dennis Murphy. (Schultz, Andrew)
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Thursday, July 20, 2023
31 31 NOTICE by Dennis Murphy of Supplemental Authority (Schultz, Andrew)
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Thursday, December 22, 2022
30 30 NOTICE by Dennis Murphy of Withdrawal of Appearance of Amanda Carmody (McGraw, Mollie)
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Monday, August 15, 2022
29 29 NOTICE by Dennis Murphy of Supplemental Authority (Schultz, Andrew)
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Monday, June 27, 2022
28 28 NOTICE of Briefing Complete by All Defendants re19 MOTION to Dismiss filed by Esperanza Saiz (Marquez, Chris)
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Friday, June 24, 2022
27 27 REPLY to Response to Motion re19 MOTION to Dismiss filed by Kimberly Chavez-Buie. (Marquez, Chris)
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Thursday, June 16, 2022
26 26 NOTICE by Kimberly Chavez-Buie, Michelle Herrera, Esperanza Saiz re19 MOTION to Dismiss (Olivas, Sean)
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Thursday, May 26, 2022
25 25 NOTICE by Esperanza Saiz of Extension of Time to Reply to Motion to Dismiss (Marquez, Chris)
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Friday, May 13, 2022
24 24 RESPONSE in Opposition re19 MOTION to Dismiss filed by Dennis Murphy. (Schultz, Andrew)
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ORDER by Magistrate Judge Steven C. Yarbrough granting22 Motion for Leave to File Excess Pages. Plaintiff is permitted a total of 33 pages to file her Response to Defendant's Motion to Dismiss. (kfo)
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Wednesday, May 11, 2022
22 22 Unopposed MOTION for Leave to File Excess Pages for Plaintiff's Response to Defendants' Motion to Dismiss [Doc. 19] by Dennis Murphy. (Hart, F)
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Thursday, April 21, 2022
21 21 NOTICE by Dennis Murphy Extending Plaintiff's Deadline to Respond to Defendants' Motion to Dismiss [Doc. 19] (Stout Sanchez, Kelly)
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Monday, March 28, 2022
20 20 NOTICE by Dennis Murphy re19 MOTION to Dismiss Extending Plaintiff's Deadline to Respond to Defendants' Motion to Dismiss [Doc. 19] (Stout Sanchez, Kelly)
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Monday, March 21, 2022
19 19 MOTION to Dismiss by Esperanza Saiz. (Marquez, Chris)
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Friday, March 04, 2022
18 18 3 pgs ORDER by Magistrate Judge Steven C. Yarbrough granting17 Motion to Extend. Pretrial deadlines extended until after the ruling on Defendants' forthcoming qualified immunity motion. (kfo)
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Thursday, March 03, 2022
17 17 Unopposed MOTION to Extend (other) Pre-Trial Deadlines by Dennis Murphy. (Hart, F)
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Tuesday, January 25, 2022
16 16 Clerk's Minutes for proceedings held before Magistrate Judge Steven C. Yarbrough: Settlement Conference held on 1/25/2022. Case did not settle. (kfo)
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Wednesday, December 08, 2021
14 14 4 pgs ORDER by Magistrate Judge Steven C. Yarbrough. Settlement Conference set for 1/25/2022 at 09:00 AM via Zoom before Magistrate Judge Steven C. Yarbrough. Letters to Court due 1/14/2022. (kfo)
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Tuesday, December 07, 2021
13 13 Clerk's Minutes for proceedings held before Magistrate Judge Steven C. Yarbrough: Scheduling Conference held on 12/7/2021. (kfo)
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12 12 NOTICE of Attorney Substitution: Mollie C. McGraw substituted for Margaret Strickland (McGraw, Mollie)
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11 11 1 pgs ORDER ADOPTING JOINT STATUS REPORT by Magistrate Judge Steven C. Yarbrough. (kfo)
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10 10 2 pgs SCHEDULING ORDER: by Magistrate Judge Steven C. Yarbrough. Discovery due by 6/3/2022. Pretrial Motions due by 7/5/2022. Proposed Pretrial Order due to Court by 10/19/2022. (kfo)
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Tuesday, November 30, 2021
9 9 CERTIFICATE OF SERVICE by Kimberly Chavez-Buie, Michelle Herrera, Esperanza Saiz for Defendants' Initial Disclosures (Olivas, Sean)
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Monday, November 29, 2021
8 8 CERTIFICATE OF SERVICE by Dennis Murphy for Plaintiff's Initial Disclosures Pursuant to Fed.R.Civ.P.26(a)(1) (Hart, F)
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Wednesday, November 24, 2021
7 7 Joint Status Report and Provisional Discovery Plan by Dennis Murphy (Hart, F)
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Tuesday, November 23, 2021
PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Martha Vazquez 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. United States District Judge Judith C. Herrera no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
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Thursday, November 18, 2021
PLEASE TAKE NOTICE that this case has been reassigned to District Judge Judith C. Herrera 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 John F. Robbenhaar no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
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Tuesday, October 26, 2021
4 4 2 pgs INITIAL SCHEDULING ORDER: by Magistrate Judge Steven C. Yarbrough. Joint Status Report due by 11/24/2021. Telephonic Scheduling Conference set for 12/7/2021 at 09:30 AM before Magistrate Judge Steven C. Yarbrough. 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 11/16/2021. (kfo)
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Friday, October 22, 2021
3 3 Defendants' ANSWER to1 Complaint by Kimberly Chavez-Buie, Michelle Herrera, Esperanza Saiz. Related document:1 Complaint filed by Dennis Murphy.(Marquez, Chris)
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Thursday, August 26, 2021
Summons Issued as to Kimberly Chavez-Buie, Michelle Herrera, Esperanza Saiz. (jg)
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Wednesday, August 25, 2021
United States Magistrate Judge John F. Robbenhaar and United States Magistrate Judge Steven C. Yarbrough assigned. (arp)
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PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge John F. Robbenhaar 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.] (arp)
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Tuesday, August 24, 2021
1 1 COMPLAINT for Federal Civil Rights Violations against All Defendants ( Filing Fee - Online Payment), filed by Dennis Murphy.(Hart, F)
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Att: 1 Civil Cover Sheet
Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7856805 re1 Complaint filed by Dennis Murphy (Payment made via Pay.gov)(Hart, F)
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