Lowrey v. Portis et al

1:23-cv-00372 | New Mexico District Court

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Division Albuquerque
Judge Judge Judith C. Herrera
Filed April 28, 2023
Magistrate Magistrate Judge John F
Nature of Suit 440 Civil Rights - Other
Cause 28:1983 Civil Rights
Jury Demand None
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Filing Date # Docket Text
3/4/2025Response (when not to a motion)
3/4/2025Response (when not to a motion)
2/18/2025Objections
2/18/2025Objections
1/30/2025 MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera deeming as waived Plaintiff's Objections to Proposed Findings and Recommended Disposition 175 , adopting in part Magistrate Judge's Proposed Findings and Recommended Disposition 157 and granting RRPD Defendants' Motion to Dismiss Counts 1, and 10 through 14. Counts 1 and 10 through14 are therefore DISMISSED. (baw)
1/30/2025MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera Overruling Objections 173 , 174 , 187 and Denying the Motion to Dismiss Prior RRPD Counsel's Summary Judgment Motion and 12(c) Motion 172 . (baw)
11/1/2024Response to Objections to Report and Recommendations
10/30/2024Order
10/30/2024Response in Opposition to Motion
10/30/2024Response in Opposition to Motion
10/30/2024Response in Opposition to Motion
10/29/2024Order
10/29/20241 - Terminate Deadlines and Hearings, Minute Order
10/28/2024Compel
10/21/2024~Util - Set Hearings
10/18/2024Response (when not to a motion)
10/18/2024Objections to Report and Recommendations
10/15/2024Objections
10/15/2024Objections
10/15/2024Order
10/10/2024Order to Show Cause
10/10/2024Status Conference
10/9/2024USCA Order
10/7/2024Scheduling Order, Scheduling Order
9/5/2024USCA Case Number
9/5/2024Transmission of Preliminary Record to USCA
9/5/2024USCA Appeal Fees
9/5/2024Notice of Appeal
8/23/2024 ORDER by Magistrate Judge John F. Robbenhaar DENYING 144 Plaintiffs Motion for Immediate Reconsideration of the Courts Denial of Plaintiffs Rule 37 Motion to Compel and Plaintiffs Corresponding Rule 56(d) Motion. Plaintiff shall respond to Defendants' Motion for Summary Judgment Dismissing Counts 2-9 (Doc. 95) within 14 days. (ajp)
8/20/2024 PROPOSED FINDINGS AND RECOMMENDED DISPOSITION re 114 Motion to Dismiss Counts 1 and 10 through 14 by Magistrate Judge John F. Robbenhaar. Objections to PFRD due by 9/3/2024. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. (Fed. R. Civ. P. 6(d); Fed. R. Crim. P. 45(c).) (ajp)
8/9/2024Order on Motion to Withdraw Motion
8/8/2024Withdraw Motion
8/1/2024~Util - Set Hearings, Order
7/9/2024~Util - Set Deadlines, 1 - Terminate Hearings
7/9/2024Order on Motion to Amend/Correct
7/3/2024Order
7/3/2024Amend/Correct
7/1/2024~Util - Set Hearings, Order
6/25/2024Certificate of Service
6/14/2024Certificate of Service
6/11/2024ORDER by Magistrate Judge John F. Robbenhaar DENYING 105 Plaintiff's Motion Under Rule 56(d). Plaintiff shall respond to the outstanding Motion for Summary Judgment within 14 days of entry of this Order. (ajp)
6/6/2024Order, ~Util - Set Hearings, Order
6/3/20241 - Terminate Hearings
5/30/2024ORDER by Magistrate Judge John F. Robbenhaar DENYING 120 Plaintiff's Motion to Compel (ajp)
5/2/20241 - Terminate Hearings, Order
5/2/2024Status Conference
5/1/2024Response in Support of Motion
4/29/2024Appendix/Supplement
4/26/2024Compel
4/26/2024Certificate of Service
4/25/2024Certificate of Service
4/25/2024Certificate of Service
4/25/2024Certificate of Service
4/25/2024Certificate of Service
4/24/2024Dismiss
4/17/2024Response to Motion
4/17/2024Protective Order
4/17/2024Order on Motion to Seal Document
4/16/2024Certificate of Service
4/16/2024Certificate of Service
4/11/2024Certificate of Service
3/7/2024Certificate of Service
3/7/2024Order Referring Case to Magistrate Judge
3/6/2024Order on Motion to Withdraw
3/6/2024Order on Motion to Vacate
3/5/2024Withdraw
3/5/2024~Util - Set Hearings, Order
2/27/2024Certificate of Service
2/26/2024Certificate of Service
2/23/2024Certificate of Service
2/22/2024Certificate of Service
2/22/2024Certificate of Service
2/22/2024ORDER by Magistrate Judge John F. Robbenhaar DENYING 67 Plaintiff's Motion to Quash Subpoena (ajp)
2/19/2024Reply to Response to Motion
2/16/2024Certificate of Service
2/16/2024Response to Motion
2/12/2024Response to Motion
2/6/2024Vacate
1/29/2024Certificate of Service
1/29/2024Certificate of Service
1/29/2024Certificate of Service
1/29/2024Certificate of Service
1/29/2024Certificate of Service
1/29/2024Certificate of Service
1/29/2024Quash
1/23/2024Certificate of Service
1/9/2024Scheduling Conference
1/9/2024~Util - Set Hearings, Order
1/9/2024~Util - Set Deadlines, Order Adopting Joint Status Report
1/8/2024Certificate of Service
1/2/2024Joint Status Report (JSR)
1/2/2024Certificate of Service
12/8/2023Objections
11/28/2023Initial Scheduling Order
11/28/2023MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera granting 48 Defendant Hon. Cheryl H. Johnston's Rule 12 Motion to Dismiss Amended Complaint. (baw)
10/10/2023Order
10/6/2023Reply to Response to Motion
9/26/2023Response to Motion
9/26/2023Reply (when not to a motion)
9/14/2023Dismiss
9/11/2023Response (when not to a motion)
9/11/2023Answer to Amended Complaint
8/31/2023Order on Motion to Dismiss for Failure to State a Claim
8/28/2023Objections
8/28/2023Amended Complaint
8/21/2023MEMORANDUM OPINION AND ORDER by Magistrate Judge John F. Robbenhaar GRANTING IN PART 26 Motion to Quash Service of RRPD Defendants, and DENYING 20 Motion for Default for Failure to Answer Complaint (ajp)
8/11/2023Order on Motion for More Definite Statement
7/26/2023Reply to Response to Motion
7/20/2023Reply to Response to Motion
7/20/2023Reply to Response to Motion
7/17/2023MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera denying 22 Motion for Injunctive Relief (baw) Modified text on 7/18/2023 change from order to memorandum opinion and order (gr).
7/12/2023Response to Motion
6/22/2023 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND ON GROUNDS OF IMMUNITY by Cheryl H. Johnston. (Attachments: # 1 Exhibit A - March 2022 Judges Meeting Agenda) (Amada, M) (Entered: 06/22/2023)
6/14/2023 RESPONSE to Motion re 22 MOTION Injunctive Relief filed by Cheryl H. Johnston. (Attachments: # 1 Exhibit A - Order of Recusal) (Amada, M) (Entered: 06/14/2023)
6/13/2023 RESPONSE in Opposition re 20 MOTION for Default Judgment as to RRPD Defendants filed by David Portis. (Bartell, Randy) (Entered: 06/13/2023)
6/13/2023 MOTION to Quash Service of RRPD Defendants by David Portis. (Attachments: # 1 Exhibit A) (Bartell, Randy) (Entered: 06/13/2023)
6/13/2023 MOTION for More Definite Statement Pursuant to Fed.R.Civ.P.12(e) RRPD Defendants by David Portis. (Bartell, Randy) (Entered: 06/13/2023)
6/7/2023 NOTICE of Appearance by Randy S. Bartell on behalf of Phillip Gallegos (Bartell, Randy) (Entered: 06/07/2023)
6/7/2023 NOTICE of Appearance by Randy S. Bartell on behalf of David Portis (Bartell, Randy) (Entered: 06/07/2023)
5/30/2023 MOTION for Injunctive Relief by Jarrod Lowrey. (jg) (Entered: 05/31/2023)
5/30/2023 RESPONSE to Motion re 18 Opposed MOTION for Extension of Time to File Answer or Responsive Pleading filed by Jarrod Lowrey. (jg) (Entered: 05/31/2023)
5/30/2023 MOTION for Default by Jarrod Lowrey. (jg) (Entered: 05/31/2023)
5/22/2023 ORDER by Magistrate Judge John F. Robbenhaar granting 18 Motion for Extension of Time to Answer. (kc) (Entered: 05/22/2023)
5/19/2023 Opposed MOTION for Extension of Time to File Answer or Responsive Pleading by Cheryl H. Johnston. (Amada, M) (Entered: 05/19/2023)
5/18/2023 NOTICE of Appearance by M Victoria Amada on behalf of Cheryl H. Johnston (Amada, M) (Entered: 05/18/2023)
5/9/2023 MEMORANDUM OPINION AND ORDER by Magistrate Judge John F. Robbenhaar. Plaintiff may, within 21 days of entry of this Order, file a motion showing Plaintiff is entitled to a temporary restraining order or a preliminary injunction. (ajp) Modified Document Type on 5/22/2023 (kw). (Entered: 05/09/2023)
5/4/2023 SUMMONS Returned Executed by Jarrod Lowrey. David Portis served on 5/2/2023, answer due 5/23/2023. (jg) (Entered: 05/04/2023)
5/4/2023 SUMMONS Returned Executed by Jarrod Lowrey. Phillip Gallegos served on 5/2/2023, answer due 5/23/2023. (jg) (Entered: 05/04/2023)
5/4/2023 SUMMONS Returned Executed by Jarrod Lowrey. FNU Army served on 5/2/2023, answer due 5/23/2023. (jg) (Entered: 05/04/2023)
5/4/2023 SUMMONS Returned Executed by Jarrod Lowrey. Ben Parker served on 5/2/2023, answer due 5/23/2023. (jg) (Entered: 05/04/2023)
5/4/2023 SUMMONS Returned Executed by Jarrod Lowrey. John C. Miles served on 5/2/2023, answer due 5/23/2023. (jg) (Entered: 05/04/2023)
5/4/2023 SUMMONS Returned Executed by Jarrod Lowrey. Johnathan Hickerson served on 5/2/2023, answer due 5/23/2023. (jg) (Entered: 05/04/2023)
5/4/2023 SUMMONS Returned Executed by Jarrod Lowrey. Marie Posey served on 5/2/2023, answer due 5/23/2023. (jg) (Entered: 05/04/2023)
5/4/2023 SUMMONS Returned Executed by Jarrod Lowrey. Cheryl H. Johnston served on 5/2/2023, answer due 5/23/2023. (jg) (Entered: 05/04/2023)
5/1/2023 Summons Issued as to All Defendants. (bp) (Entered: 05/01/2023)
5/1/20237 Filing fee: $ 402, receipt number 1002052 (bp)
[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 05/01/2023)
5/1/20236 PLEASE TAKE NOTICE that United States Magistrate Judge John F. Robbenhaar has been assigned for a 28 U.S.C. 1915 review. (dr)
[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 05/01/2023)
5/1/2023 REFUSAL TO CONSENT to Proceed before a U.S. Magistrate Judge (dr) (Entered: 05/01/2023)
5/1/2023 United States Magistrate Judge John F. Robbenhaar assigned. (dr) (Entered: 05/01/2023)
4/28/2023 CMECF ProSe Notification Form electing to receive notification by mail by Jarrod Lowrey (dr) (Entered: 05/01/2023)
4/28/2023 NOTICE of Lodging by Jarrod Lowrey (dr) (Entered: 05/01/2023)
4/28/2023 SUPPLEMENT to Complaint Exhibit List by Jarrod Lowrey (dr) (Entered: 05/01/2023)
4/28/2023 COMPLAINT against All Defendants, filed by Jarrod Lowrey. (dr) (Entered: 05/01/2023)