JOHN J FORTIER v. FAMILY DOLLAR STORES OF NEW MEXICO, INC. docket

CONSENTPENDING

U.S. District CourtDistrict of New Mexico - Version 6.1 (Albuquerque)

CIVIL DOCKET FOR CASE #: 1:14-cv-01012-WPL-SCY

John J Fortier v. Family Dollar Stores of New Mexico, Inc.Assigned to: Magistrate Judge William P LynchReferred to: Magistrate Judge Steven C. YarbroughDemand: $59,000Case in other court: California Central, 2:14-cv-07822Cause: 28:1441 Petition for Removal- Breach of Contract

Date Filed: 11/06/2014Jury Demand: BothNature of Suit: 190 Contract: OtherJurisdiction: Diversity

PlaintiffJohn J Fortierdoing business asFortier Properties

represented by John Logan HunterHunter Molloy & Salcido LLP35 North Lake Avenue Suite 670Pasadena, CA 91101626-568-2500Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Nayri JilizianHunter Molloy & Salcido LLP35 North Lake Avenue Suite 670Pasadena, CA 91101626-568-2500Fax: 626-568-2800Email: [email protected] TO BE NOTICED

V.DefendantFamily Dollar Stores of New Mexico,Inca New Mexico corporation

represented by Brian J KimTharpe and Howell LLP15250 Ventura Boulevard 9th FloorSherman Oaks, CA 91403818-205-9955Fax: 818-205-9944Email: [email protected] TO BE NOTICED

District Version v6.1 LIVE DB https://ecf.nmd.uscourts.gov/cgi-bin/DktRpt.pl?555242072718664-...

1 of 5 11/10/14, 1:37 PM

Stephanie FormanTharpe & Howell, LLP15250 Ventura Blvd.9th FloorSherman Oaks, CA 91403818-205-9955Fax: 818-205-9944Email: [email protected] TO BE NOTICED

Charles D May , JrTharpe and Howell LLP15250 Ventura Boulevard 9th FloorSherman Oaks, CA 91403-3221818-205-9955Fax: 818-205-9944Email: [email protected] TO BE NOTICED

DefendantSMS Assist, LLCan Illinois limted liability corporation

DefendantACE American Insurance Companya Pennsylvania corporation

DefendantDoes1 through 100, inclusive

Date Filed # Docket Text

10/08/2014 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case numberBC556319 Receipt No: 0973-14589071 - Fee: $400, filed by Defendant FamilyDollar Stores of New Mexico, Inc.. (Attorney Charles D May, Jr added to partyFamily Dollar Stores of New Mexico, Inc.(pty:dft))(May, Charles) [Transferredfrom California Central on 11/7/2014.] (Entered: 10/08/2014)

10/08/2014 2 CIVIL COVER SHEET filed by Defendant Family Dollar Stores of New Mexico,Inc.. (May, Charles) [Transferred from California Central on 11/7/2014.] (Entered:10/08/2014)

10/08/2014 3 Certification and NOTICE of Interested Parties filed by Defendant Family DollarStores of New Mexico, Inc., identifying Family Dollar Stores of New Mexico, Inc..(May, Charles) [Transferred from California Central on 11/7/2014.] (Entered:


2 of 5 11/10/14, 1:37 PM

10/08/2014)

10/08/2014 4 DEMAND for Jury Trial filed by Defendant Family Dollar Stores of New Mexico,Inc... (May, Charles) [Transferred from California Central on 11/7/2014.] (Entered:10/08/2014)

10/08/2014 CONFORMED FILED COPY OF COMPLAINT against defendants ACEAmerican Insurance Company, Family Dollar Stores of New Mexico, Inc., SMSAssist, LLC., Does 1 through 100. Jury Demand, filed by plaintiff John J Fortier.(IN STATE COURT ON 9/2/2014 SUBMITTED ATTACHED EXHIBIT A OFNOTICE OF REMOVAL 1 ). (jp) [Transferred from California Central on11/7/2014.] (Entered: 10/09/2014)

10/09/2014 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. Thiscase has been randomly assigned to Magistrate Judge Patrick J. Walsh.(Attachments: # 1 CV-11C Statement of Consent) (jp) [Transferred from CaliforniaCentral on 11/7/2014.] (Entered: 10/09/2014)

10/09/2014 6 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each partymust file form CV-11C within the consent deadlines pursuant to L.R. 73-2.Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case inwhich only a magistrate judge is initially assigned, plaintiff must file a proof ofservice within 10 days of service of the summons and complaint as to eachdefendant. (jy) [Transferred from California Central on 11/7/2014.] (Entered:10/09/2014)

10/15/2014 7 NOTICE OF MOTION AND Joint MOTION to Strike Portions of Plaintiff'sComplaint Pursuant to FRCP 12(b)(6) filed by Defendant Family Dollar Stores ofNew Mexico, Inc.. Motion set for hearing on 11/12/2014 at 11:00 AM beforeMagistrate Judge Patrick J. Walsh. (Attachments: # 1 Order)(May, Charles)[Transferred from California Central on 11/7/2014.] (Entered: 10/15/2014)

10/15/2014 8 NOTICE OF MOTION AND MOTION to Transfer Case to District Court of NewMexico ; Declaration of Aretha Ford filed by Defendant Family Dollar Stores ofNew Mexico, Inc.. Motion set for hearing on 11/12/2014 at 11:00 AM beforeMagistrate Judge Patrick J. Walsh. (Attachments: # 1 Order)(May, Charles)[Transferred from California Central on 11/7/2014.] (Entered: 10/15/2014)

10/15/2014 9 REQUEST FOR JUDICIAL NOTICE re MOTION to Transfer Case to DistrictCourt of New Mexico ; Declaration of Aretha Ford 8 filed by Defendant FamilyDollar Stores of New Mexico, Inc.. (May, Charles) [Transferred from CaliforniaCentral on 11/7/2014.] (Entered: 10/15/2014)

10/23/2014 10 NOTICE OF REASSIGNMENT of case from Magistrate Judge Patrick J. Walsh toJudge Christina A. Snyder for all further proceedings. Any discovery matters thatmay be referred to a Magistrate Judge are assigned to U.S. Magistrate JudgeMichael R. Wilner. The case number will now reflect the initials of the transfereeJudges CV14-07822 CAS (MRWx). (mg) [Transferred from California Central on11/7/2014.] (Entered: 10/23/2014)


3 of 5 11/10/14, 1:37 PM

10/24/2014 11 SCHEDULING NOTICE CONTINUED by Judge Christina A. Snyder re: JointMOTION to Strike Portions of Plaintiff's Complaint Pursuant to FRCP 12(b)(6) 7 ,and MOTION to Transfer Case to District Court of New Mexico 8 , previouslyscheduled for 11/12/2014 at 11:00 AM has been rescheduled. Motions hearing iscontinued to 11/17/2014 at 10:00 AM before Judge Christina A. Snyder. THERE ISNO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLYENTRY [Transferred from California Central on 11/7/2014.] (Entered: 10/24/2014)

10/28/2014 12 NOTICE of Errata to Notice of Joint Motion and Joint Motion to Strike Portions ofPlaintiff's Complaint filed by Defendants Family Dollar Stores of New Mexico,Inc.. (May, Charles) [Transferred from California Central on 11/7/2014.] (Entered:10/28/2014)

11/04/2014 13 STIPULATION to Transfer Case to District Court of New Mexico filed byDefendants Family Dollar Stores of New Mexico, Inc.. (Attachments: # 1Order)(Kim, Brian) [Transferred from California Central on 11/7/2014.] (Entered:11/04/2014)

11/05/2014 14 ORDER Granting Stipulation to Transfer Venue Pursuant to 28 U.S.C. 1404(a) byJudge Christina A. Snyder. Upon consideration of the Parties' Stipulation toTransfer Venue Pursuant 28 U.S.C. 1404(a), the agreements forth therein, andfinding good cause thereon: It is Ordered that this matter be transferred from theDistrict Court for the Central District of California to the District Court for theDistrict of New Mexico. Original file, certified copy of the transfer order and docketsheet sent. (MD JS-6. Case Terminated.) (Attachments: # 1 letter) (sp) [Transferredfrom California Central on 11/7/2014.] (Entered: 11/06/2014)

11/07/2014 15 Case transferred in from the United States District Court for the Central District ofCalifornia; Case Number 2:14-cv-07822. Original file certified copy of transferorder and docket sheet received via CM/ECF transmission. (dc) (Entered:11/07/2014)

11/07/2014 U.S. Magistrate Judge William P Lynch and U.S. Magistrate Judge Steven C.Yarbrough assigned. (iad) (Entered: 11/07/2014)

11/07/2014 16 PLEASE TAKE NOTICE that this case has been randomly assigned to UnitedStates Magistrate Judge William P Lynch to conduct dispositive proceedings in thismatter, including motions and trial. Appeal from a judgment entered by aMagistrate Judge will be to the United States Court of Appeals for the TenthCircuit. It is the responsibility of the case filer to serve a copy of this Noticeupon all parties with the summons and complaint. Consent is strictly voluntary,and a party is free to withhold consent without adverse consequences. Should aparty choose to consent, notice should be made no later than 21 days after entry ofthe Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit ourWeb site at www.nmcourt.fed.us for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (iad) (Entered:11/07/2014)


4 of 5 11/10/14, 1:37 PM

PACER Service CenterTransaction Receipt

11/10/2014 14:37:18PACERLogin: nh0877:3319686:0 Client Code: nh0877

Description: Docket Report SearchCriteria:

1:14-cv-01012-WPL-SCY

BillablePages: 3 Cost: 0.30


5 of 5 11/10/14, 1:37 PM

Documents

JOHN J FORTIER v. FAMILY DOLLAR STORES OF NEW MEXICO, INC. docket