Arellano v. New Mexico Department of Health et al

Filing 15

MEMORANDUM OPINION AND ORDER by Chief Magistrate Judge Karen B. Molzen denying 3 MOTION to Remand to State Court . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (KBM)

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Vangie Arellano v. New Mexico Department of Health, et. al.
CASE DETAIL
CASE NUMBER

D-101-CV-201103710

CURRENT JUDGE

Ortiz, Raymond Z.

FILING DATE

12/07/2011

COURT

SANTA FE DISTRICT

PARTIES TO THIS CASE
PARTY TYPE PARTY DESCRIPTION PARTY #

D

Defendant

1

PARTY NAME

NEW MEXICO DEPARTMENT OF HEALTH

ATTORNEY: WEISSBARTH FRANK D.
ATTORNEY: SULLIVAN JAMES P.
D

Defendant

2

NEW MEXICO STATE PERSONNEL BOARD

P

Plaintiff

1

ARELLANO VANGIE

ATTORNEY: HERRERA SAMUEL M.

HEARINGS FOR THIS CASE
HEARING

HEARING

DATE

TIME

HEARING TYPE

HEARING
JUDGE

COURT

COURT ROOM

10/25/2016

2:00 PM

MOTION
HEARING

Ortiz,
Raymond
Z.

SANTA FE
DISTRICT
COURT

Judge Steve
Herrera Judicial
Complex

09/23/2016

1:30 PM

HEARING

Ortiz,
Raymond
Z.

SANTA FE
DISTRICT
COURT

Judge Steve
Herrera Judicial
Complex

11/03/2015

1:30 PM

MOTION
HEARING

Ortiz,
Raymond
Z.

SANTA FE
DISTRICT
COURT

07/29/2014

1:30 PM

MOTION
HEARING

Ortiz,
Raymond
Z.

SANTA FE
DISTRICT
COURT

Judge Steve
Herrera Judicial
Complex

03/18/2014

11:00 AM

MOTION
HEARING

Ortiz,
Raymond
Z.

SANTA FE
DISTRICT
COURT

Judge Steve
Herrera Judicial
Complex

11/06/2013

1:30 PM

HEARING

Ortiz,
Raymond
Z.

SANTA FE
DISTRICT
COURT

Judge Steve
Herrera Judicial
Complex

08/19/2013

1:30 PM

PRE-TRIAL
CONFERENCE

Ortiz,
Raymond
Z.

SANTA FE
DISTRICT
COURT

Judge Steve
Herrera Judicial
Complex

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01/30/2013

2:00 PM

12/11/2012

11:00 AM

03/07/2012

Page 2 of 13

MOTION
HEARING

8:30 AM

Ortiz,
Raymond
Z.

SANTA FE
DISTRICT
COURT

Judge Steve
Herrera Judicial
Complex

MOTION
HEARING

Ortiz,
Raymond
Z.

SANTA FE
DISTRICT
COURT

Judge Steve
Herrera Judicial
Complex

SCHEDULING
CONFERENCE

Ortiz,
Raymond
Z.

SANTA FE
DISTRICT
COURT

Judge Steve
Herrera Judicial
Complex

CIVIL COMPLAINT DETAIL
COMPLAINT

COMPLAINT

DATE

SEQ #

12/07/2011

COMPLAINT
DESCRIPTION

CLS: JUDGMENT/
DISPOSITION

1

COA

DATE

Decision for the
Defendant

11/14/2013

COA DESCRIPTION

SEQUENCE #

1

DISPOSITION

DISPOSITION

Miscellaneous
PARTY NAME

PARTY TYPE

COMPLAINT

COMPLAINT

COMPLAINT

DATE

SEQ #

DESCRIPTION

04/15/2014

CLS: JUDGMENT/
DISPOSITION

1

COA

DISPOSITION

DISPOSITION

Transferred

DATE

12/05/2016

COA DESCRIPTION

SEQUENCE #

1

PARTY #

Other
PARTY NAME

PARTY TYPE

PARTY #

REGISTER OF ACTIONS ACTIVITY
EVENT DATE

EVENT DESCRIPTION

EVENT

PARTY

PARTY

RESULT

TYPE

#

AMOUNT

01/18/2017 MISCELLANEOUS ENTRY
Receipt for Case Material
12/07/2016 MANDATE
Mandate to the District Court Clerk - We Conclude the Denial of Plaintiff's
Motion was Improper; we Reverse and Remand for Further Proceedings
12/05/2016

CLS: REMOVAL TO FEDERAL
COURT
Notification of Removal

11/22/2016 NTC: NOTICE

D

1

Notice of Agreed Extension for Defendant NMDOH to Respond to
Plaintiff's Motion to Reconsider
11/07/2016 MTN: TO RECONSIDER/ REVIEW
Motion to Reconsider

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11/02/2016 SUMMONS ISSUED
Summons Issued to NM State Personnel Board on Nov 2, 2016
11/01/2016 ORD: ORDER
Order Joining Additional Party New Mexico State Personnel Board
11/01/2016 ORD: ORDER
Order Deferring Consideration Of Plaintiff s Motion For Summary
Judgment
11/01/2016 ORD: ORDER
Corrected Order Affirming Decision Of State Personnel Board
10/21/2016 NTC: COMPLETION OF BRIEFING
Notice of Completion of Briefing
10/21/2016

REPLY/ RESPONSE TO
MEMORANDUM BRIEF
Reply to Motion for Summary Judgment

10/13/2016 RESPONSE
Defendant's Response to Plaintiff's Motion to Join Additional Party
10/07/2016 WITNESS/ EXHIBIT DISCLOSURE
Exhibits G-M for Defendant's Response in Opposition to Plaintiff's Motion
for Summary Judgment
10/07/2016 RESPONSE
Defendant NMDOH's Response in Opposition to Plaintiff's Motion for
Summary Judgment (with Exhbits A-F)
10/07/2016 REQUEST FOR HEARING/ SETTING
Request for Hearing
10/07/2016 NTC: COMPLETION OF BRIEFING
Notice of Completion of Briefing
10/06/2016 REPLY
Defendant's Reply in Support of Motion to Correct Order Affirming
Decision of Personnel Board
09/29/2016 MTN: JOIN
Motion to Join Additional Party
09/23/2016 AMENDED NOTICE
Amended notice of hearing
09/21/2016 RESPONSE
Plaintiff's Response to Defendant's Motion to Correct Order
09/16/2016 NTC: NOTICE
Notice of Agreed Extension for Defendant to File a Response to Plaintiff's
Motion for Summary Judgment
09/13/2016 NTC: OF HEARING
Rule 16 Scheduling Conference; Plaintiff s Motion for Summary Judgment
as to Count II of CV 2012-238.
09/12/2016 MTN: MOTION

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Motion to Correct Order Affirming Decision of Personnel Board
09/07/2016 ORD: OF CONTINUANCE
Order for Continuance
09/05/2016 REQUEST FOR HEARING/ SETTING
Request for Setting
09/05/2016 MEMORANDUM
Motion and Memorandum for Summary Judgement as to Count II
09/01/2016 MTN: FOR CONTINUANCE
Motion to Continue
08/31/2016 NTC: OF HEARING
Remand from Court of Appeals
05/26/2016 RECEIPT OF CD
05/25/2016 REQUEST FOR COPY OF TAPES/CD
Expedited Tape/CD Request, 1:41:20-2:35:30 1cd 5/26/16 jn
04/27/2016 ORD: ORDER GRANTING
Order GRANTING Petition (COA # 35274/35343)
04/27/2016 APPEAL SUMMARY CALENDAR
Notice Proposed Summary Disposition (COA # 35274/35343)
03/11/2016 MISCELLANEOUS ENTRY
Receipt for Case Material
03/09/2016 RETURN RECEIPT
Receipt of Record Proper by NM Court of Appeals, COA #35,274
03/09/2016 CERTIFICATE
Certificate of Costs for preparing Record Proper, COA #35,274: 1,345 pp.
x $0.35 = $470.75, plus 2 seals @ $1.50 ea. = TOTAL COSTS: $473.75
03/09/2016 CERTIFICATE
Clerk's Certificate attesting to accuracy of Record Proper, COA #35,274
02/16/2016 CERTIFICATE/ PROOF OF MAILING
(of Order to Transfer Record Proper and All Other Papers in the 4th
Judicial District Court's File in Cause No. D-412-CV-2012-238 to the 1st
Judicial District Court)
02/04/2016

DOCKETING STATEMENT / COURT
OF APPEALS
Docketing Statement

01/11/2016 PETITION (NON-OPENING)
Petition for Writ of Certiorari under Rule 12-505
01/11/2016

NTC: OF APPEAL TO COURT OF
APPEALS/ SUPREME COURT

P

1

Notice of Appeal to NM Court of Appeals
12/14/2015 ORD: ORDER

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ORDER
10/06/2015 ORD: OF CONTINUANCE
ORDER FOR CONTINUANCE (hearing reset to Nov. 3, 2015 at 1:30 pm)
09/11/2015 MTN: FOR CONTINUANCE

P

1

Unopposed Motion to Continue
09/10/2015 AMENDED ORDER
AMENDED ORDER VACATING HEARING ON SEPTEMBER 14, 2015 (reset
to 10/19/15 at 1:30 pm)
09/09/2015 ORD: VACATING HEARING
ORDER VACATING HEARING ON SEPTEMBER 14, 2015 AND RESETTING
HEARING
09/09/2015 NTC: OF NON-AVAILABILITY
(Defendant's counsel unavailable Sept. 14-18, Sept. 23-24, and Nov. 1123, 2015)
09/09/2015 MTN: MOTION

D

1

Unopposed Motion to Vacate and Reset September 14, 2015 Hearing
09/03/2015 NTC: OF HEARING
(Sept. 14, 2015 at 3:30 pm re: Rule 16 Scheduling Conference;
Plaintiff's Motion to Set Aside Decision of Administrative Law Judge and
to Grant Count II of CV 2012-238)
08/20/2015 REQUEST FOR HEARING/ SETTING
(Matter: Rule 16 Scheduling Conference/Plaintiff's Motion to Set Aside
Decision of Administrative Law Judge and to Grant Count II of CV 2012238)
08/20/2015 NTC: COMPLETION OF BRIEFING
(on Plaintiff's Motion to Set Aside Decision of Administrative Law Judge
and to Grant Count II of CV 2012-238)
08/20/2015 REPLY

P

1

Reply to Motion to Set Aside Decision of Administrative Law Judge and to
Grant Count II of CV-2012-238
08/07/2015 RESPONSE
New Mexico Department of Health's Response in Opposition to Plaintiff's
Motion to Set Aside Decision of Administratie Law Judge and to Grant
Count II of CV-2012-238
07/31/2015 MANDATE
Mandate to District Court Clerk - Reversed
07/21/2015 REQUEST FOR HEARING/ SETTING
(Matter: Rule 16 Scheduling Conference/Plaintiff's Motion to Set Aside
Decision of Administrative Law Judge and to Grant Count II of CV 2012238)
07/21/2015 MTN: MOTION
Motion to Set Aside Decision of Administrative Law Judge and to Grant
Count II of CV 2012-238
07/17/2015 REQUEST FOR HEARING/ SETTING
(Matter: Rule 16 Scheduling Conference)

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07/17/2015 REQUEST

Page 6 of 13

P

1

Request for Rule 16 Scheduling Conference
07/15/2015 NTC: NOTICE
NOTICE OF INACTIVITY
12/08/2014 RETURN RECEIPT
Receipt of Record Proper by NM Court of Appeals, COA #34,062
12/05/2014 CERTIFICATE
Certificate of Costs for preparing Record Proper, COA #34,062
12/05/2014 CERTIFICATE
Clerk Certicate attesting to accuracy of Record Proper, COA #34,062
11/07/2014 ORD: ORDER
Application for leave to file Interlocutory Appeal is Granted, Case has
been assigned to the Summary Calendar
09/16/2014 NTC: NOTICE
NOTICE VACATING HEARING (re: Sept. 26, 2014 hearing)
09/15/2014 NTC: OF HEARING
(Sept. 26, 2014 at 10:30 am re: Presentment of Plaintiff's Order
Granting Plaintiff's Motion to Reconsider Decision in Granting Defendant's
Second Motion for Summary Judgment)
09/09/2014 ORD: ORDER GRANTING
ORDER GRANTING PLAINTIFF'S MOTION TO RECONSIDER DECISION IN
GRANTING DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT
08/26/2014 REQUEST FOR HEARING/ SETTING

P

1

Request for Notice of Presentment Hearing
08/15/2014 RECEIPT OF CD
08/13/2014 REQUEST FOR COPY OF TAPES/CD
Expedited Tape/CD Request
07/28/2014

MTN: TO APPEAR
TELEPHONICALLY
Motion to Appear by Telephone

05/23/2014 NTC: OF HEARING
(July 29, 2014 at 1:30 pm re: Plaintiff's Motion to Reconsider)
05/12/2014 REQUEST FOR HEARING/ SETTING
Matter: Plaintiff's Motion to Reconsider
05/12/2014 NTC: COMPLETION OF BRIEFING

P

1

Notice of Completion of Briefing of Motion to Reconsider
05/12/2014 REPLY

P

1

Reply to Response to Motion to Reconsider Decision in Granting
Defendants' Second Motion for Summary Judgment
04/30/2014 RESPONSE

D

1

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Response in Opposition to Motion to Reconsider Decision Granting
Defendant's Second Motion for Summary Judgment
04/15/2014 RPN: REOPEN NO FEE REQUIRED

P

1

Motion to Reconsider Decision in Granting Defendants' Second Motion for
Summary Judgment
04/10/2014 ORD: ORDER GRANTING
ORDER GRANTING DEFENDANT'S SECOND MOTION FOR SUMMARY
JUDGMENT
04/09/2014

CLS: FINAL
DECREE/ORDER/JUDGMENT
ORDER AFFIRMING DECISION OF STATE PERSONNEL BOARD

04/03/2014 NTC: OF HEARING
(April 10, 2014 at 4 pm re: Presentment of Order Granting Defendant's
Second Motion for Summary Judgment)
03/25/2014 REQUEST FOR HEARING/ SETTING
Request for Hearing for Presentment of Order (re: Order Granting
Defendant's Second Motion for Summary Judgment)
03/25/2014 NTC: OF NON-AVAILABILITY
Notice of Non-Availability of Plaintiff's Attorney (April 12-19, 2014 & May
16-June 1, 2014)
01/08/2014 NTC: OF HEARING
(March 18, 2014 at 11 am re: Defendant's Second Motion for Summary
Judgment)
12/23/2013 REQUEST FOR HEARING/ SETTING
(Matter: Defendant's Second Motion for Summary Judgment)
12/23/2013 NTC: COMPLETION OF BRIEFING
(on Defendant's Second Motion for Summary Judgment)
12/23/2013 REPLY
Reply in Support of Defendant's Second Motion for Summary Judgment
12/16/2013 MEMORANDUM
Plaintiff's Re-filed Exhibits to Memorandum in Opposition to Defendant's
Motion for Summary Judgment
12/06/2013 NTC: OF NON-AVAILABILITY
(Atty Herrera unavailable April 12-19 and May 16-June 1, 2014)
12/06/2013 MEMORANDUM
Memorandum in Opposition to Defendant's Motion for Summary
Judgment
11/15/2013 RPN: REOPEN NO FEE REQUIRED
Defendant's Second Motion for Summary Judgment
11/14/2013

CLS: FINAL
DECREE/ORDER/JUDGMENT
ORDER AFFIRMING DECISION OF STATE PERSONNEL BOARD

11/08/2013 RECEIPT OF CD
Chris Chavez Received Recording of November 6, 2013 Hearing

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11/08/2013 REQUEST FOR COPY OF TAPES/CD
Expedited Tape/CD Request (November 6, 2013 Hearing Requested by
Frank Weissbarth) XC: SS
10/17/2013 NTC: OF NON-AVAILABILITY
(Defendant's counsel unavailable Nov. 25-Dec. 3, 2013)
08/22/2013 NTC: OF HEARING
(Nov. 6, 2013 at 1:30 pm re: Administrative Appeal)
08/19/2013 NTC: OF NON-AVAILABILITY
(Plaintiff's counsel unavailable Sept. 6-22, 2013)
07/24/2013 REQUEST FOR HEARING/ SETTING
(Matter: Status conference)
06/14/2013 ORD: ORDER
ORDER TO TRANSFER RECORD PROPER AND ALL OTHER PAPERS IN THE
FOURTH JUDICIAL DISTRICT COURT'S FILE IN CAUSE NO D-412-CV2012-238 TO FIRST JUDICIAL DISTRICT COURT
05/20/2013 MTN: MOTION
Unopposed Motion to Transfer Record Proper from Fourth Judicial District
Court to First Judicial District Court
05/16/2013 NTC: OF NON-AVAILABILITY
Notice of Non-Availability of Plaintiff's Counsel (June 5 to July 5, 2013)
05/16/2013 REQUEST FOR HEARING/ SETTING
Matter: Argument on Statement of Issues
05/16/2013 NTC: COMPLETION OF BRIEFING
(on Statement of Appellate Issues)
05/03/2013 RESPONSE
Appellee's Response to Statement of Appellate Issues
04/15/2013 NTC: OF NON-AVAILABILITY
(Plaintiff's counsel unavailable June 5-July 15, 2013)
04/08/2013 ORD: EXTENDING TIME
Unopposed Order Granting Appellant's Second Extenson of Time to File
Her Statement of Issues
04/08/2013 STATEMENT

P

1

Statement of Appellate Issues
04/08/2013 NTC: OF FILING
Notice of Filing of Transcript of Hearing before State Personnel Hearing
Officer
03/29/2013

MOTION/ PETITION TO EXTEND
TIME
Appellant's Second Motion for Extension of Time to File Statement of
Issues

03/26/2013 ORD: EXTENDING TIME
UNOPPOSED ORDER GRANTING APPELLANT'S EXTENSION OF TIME TO
FILE HER STATEMENT OF ISSUES

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03/26/2013 NTC: OF FILING
Notice of Filing (Copy of Notice of Appeal Under Rule 74 & Motion for
Certification to COA filed in cause no. 2012-238)
02/28/2013

MOTION/ PETITION TO EXTEND
TIME
Appellant's Motion for Extension of Time to File Statement of Issues

02/22/2013 ORD: ORDER GRANTING
Order Granting Defendant's Motion for Stay and Denying Plaintiff's
Motion for Stay
01/29/2013 NTC: COMPLETION OF BRIEFING
(on Plaintiff's Second Motion for Leave to File Amended Complaint)
01/25/2013 EXHIBIT LIST

P

1

Plaintiff's Supplemental Exhibits to Her Response to Defendants' Motion
to Stay Proceedings
01/23/2013 NTC: OF HEARING
(Jan. 30, 2013 at 2 pm re: Defendant's Motion to Stay Proceedings and
Petitioner's Motion to Stay Proceedings)
12/26/2012 REPLY
Plaintiff's Reply to Second Motion for Leave to File Amended Complaint
12/26/2012 CERTIFICATE OF SERVICE
(of Defendant's Responses to Plaintiff's Third Request for Production of
Documents)
12/14/2012 RESPONSE
Defendant's Response to Plaintiff's Second Motion for Leave to File
Amended Complaint
12/14/2012 REQUEST FOR HEARING/ SETTING
(Matter: Defendant's Motion to Stay Proceedings filed on June 8, 2012;
and Petitioner's Motion to Stay Proceedings filed in D-412-CV-201200238)
12/13/2012 NTC: OF NON-AVAILABILITY
(Plaintiff's counsel unavailable March 3-May 3, 2013)
12/13/2012 REQUEST FOR HEARING/ SETTING
(Matter: Plaintiff's Second Motion to Amend Complaint; Plaintiff's Motion
to Stay Proceedings; and Defendant's Motion to Stay)
12/13/2012 CERTIFICATE OF SERVICE
(of Plaintiff's proposed Amended Complaint)
12/12/2012 SCHEDULING ORDER
Rule 16(B) Scheduling Order - September 9, 2013 Jury Trial
12/12/2012 ORD: ORDER
UNOPPOSED ORDER REMOVING PORTIONS OF DISCOVERY FROM
CONFIDENTIALITY ORDER
12/11/2012 ORD: ORDER
Unopposed Order of Consolidation - Fourth Judicial District D-412-CV2012-00238 is consolidated into this action
11/27/2012 MTN: MOTION

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Plaintiff's Unopposed Motion to Remove Portions of Discovery from
Confidentiality Order
11/13/2012 RESPONSE
Defendant's Response in Opposition to Plaintiff's Second Motion to
Compel
11/13/2012 CERTIFICATE OF SERVICE
(of Defendant's Responses to Plaintiff's Second Request for Production of
Documents)
11/01/2012 NTC: OF HEARING
(Dec. 11, 2012 at 11 am re: Defendants' Unopposed Motion to
Consolidate)
10/24/2012 MTN: TO COMPEL
Plaintiff's Second Motion to Compel Discovery
10/17/2012 NTC: NOTICE
Notice Vacating Hearing - Set for October 18, 2012 at 9 am
10/16/2012 NTC: OF HEARING
(Oct. 18, 2012 at 9 am re: Expedited Motion for Continuance;
Defendant's Motion to Stay Proceedings; Hearing regarding Defendant's
Motion to Consolidate)
10/16/2012 MTN: FOR LEAVE
Plaintiff's Second Motion for Leave to File Amended Complaint
10/16/2012 ORD: ORDER
STIPULATED CONFIDENTIALITY ORDER
10/12/2012 REPLY
Reply in Support of Defendant's Motion for Summary Judgment
10/12/2012 MTN: FOR CONTINUANCE
Plaintiff's Expedited Motion to Continue
10/11/2012 NTC: OF HEARING
(Oct. 30, 2012 at 3:30 pm re: Defendant's Motion to Stay Proceedings)
10/10/2012 EXHIBIT LIST
Plaintiff's Exhibit List
10/10/2012 RESPONSE
Plaintiff's Response to Defendants' Motion to Consolidate
10/09/2012 REQUEST FOR HEARING/ SETTING
(Matter: Defendant's Motion to Consolidate)
10/09/2012 NTC: COMPLETION OF BRIEFING
(on Defendant's Motion to Consolidate)
10/09/2012 REPLY
Reply in Support of Defendant's Motion to Consolidate
10/05/2012 EXHIBIT LIST
Defendant's Exhibit List

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09/26/2012 MEMORANDUM
Plaintiff's Memorandum in Opposition to Defendants' Motion for Summary
Judgment
09/24/2012 RESPONSE
Defendant's Response to Plaintiff's Expedited Motion for Extension of
Discovery Deadline
09/21/2012 MTN: TO CONSOLIDATE
Defendant's Motion to Consolidate
09/12/2012 MTN: FOR SUMMARY JUDGMENT
Defendant's Motion for Summary Judgment
09/06/2012 REQUEST FOR HEARING/ SETTING
(Matter: Plaintiff's Expedited Motion for Extension of Discovery Deadline)
09/06/2012

MOTION/ PETITION TO EXTEND
TIME
Plaintiff's Expedited Motion for Extension Discovery Deadline

08/21/2012 DISCLOSURE
Disclosure by the Plaintiff
08/16/2012 NTC: OF NON-AVAILABILITY
(Plaintiff's Counsel unavailable Dec. 17, 2012 - Jan. 4, 2013)
07/25/2012 REQUEST FOR HEARING/ SETTING
(Matter: Defendant's Motion to Stay Proceedings)
07/25/2012 NTC: COMPLETION OF BRIEFING
(on Defendant's Motion to Stay Proceedings)
07/25/2012 ORD: EXTENDING TIME
ORDER (Time to file motions for summary judgment is extended to
9/15/12)
07/19/2012 MTN: MOTION

D

1

Unopposed Motion to Extend Time to File Motions for Summary
Judgment
07/10/2012 REPLY
Reply in Support of Defendant's Motion to Stay Proceedings
07/10/2012 RESPONSE
Plaintiff's Response to Defendant's Motion to Stay Proceedings
06/25/2012 NTC: OF NON-AVAILABILITY
(Plaintiff's counsel unavailable July 20-25, 2012)
06/08/2012 MTN: MOTION
Defendant's Motion to Stay Proceedings
05/29/2012 WITHDRAWN
Notice of Withdrawal of Expedited Motion for Leave to File Amended
Complaint or Notice of Appeal of Decision of State Personnel Board

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05/22/2012 NTC: OF NON-AVAILABILITY
(Defendant's Counsel unavailable June 4 & 6 - 11, 2012 and August
2-17, 2012)
05/21/2012 RESPONSE
Defendant's Response to Expedited Motion for Leave to File Amended
Complaint or Notice of Appeal of Decision of State Personnel Board
05/10/2012 WITNESS/ EXHIBIT DISCLOSURE
Plaintiff's Disclosure of Non-Expert Witnesses
05/09/2012 WITNESS LIST
Defendant's Non-Expert Witness List
05/03/2012 MTN: FOR LEAVE
Expedited Motion for Leave to File Amended Complaint or Notice of
Appeal of Decision of State Personnel Board
04/04/2012 SCHEDULING ORDER
Rule 16(B) Scheduling Order - November 19, 2012 Jury
02/27/2012 CERTIFICATE OF SERVICE
(of Defendant's Responses to Plaintiff's First Set of Interrogatories and
First Request for Production of Documents)
02/16/2012 NTC: OF NON-AVAILABILITY
(Defendant's counsel unavailable Mar. 2-7, 2012; Mar. 12-14, 2012; May
21-June 1, 2012; and Oct. 17-26, 2012)
02/15/2012 NTC: HEARING (VACATE & RESET)
Notice Vacating and Re-setting Scheduling Conference - March 7, 2012
at 8:30 am
01/27/2012 NTC: OF HEARING
(March 7, 2012 at 1:30 pm re: Rule 16 Scheduling Conference)
01/26/2012 NTC: OF NON-AVAILABILITY
(Plaintiff's counsel unavailable Feb. 23 - Mar. 5, 2012)
01/26/2012 REQUEST FOR HEARING/ SETTING
(Matter: Rule 16 Scheduling Conference)
01/26/2012 REQUEST FOR HEARING/ SETTING
Request for Rule 16 Scheduling Conference
01/26/2012 CERTIFICATE OF SERVICE
(of Plaintiff's First Set of Interrogatories and First Request for Production
to Defendant)
01/19/2012 CERTIFICATE OF SERVICE
(of Defendant's First Request for Production of Documents and First Set
of Interrogatories to Plaintiff)
01/19/2012 JURY DEMAND 12 PERSON

D

1

01/19/2012 ANSWER

D

1

01/19/2012 ENTRY OF APPEARANCE
(James P. Sullivan & Frank Weissbarth enter obo Defendant)
12/13/2011 SUMMONS ISSUED

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NMDOH
12/07/2011 JURY DEMAND 6 PERSON

P

1

12/07/2011 OPN: COMPLAINT
Complaint for Termination on Violation of the Whistleblower Protection
Act NMSA 10-16C-1 et seq.

JUDGE ASSIGNMENT HISTORY
ASSIGNMENT
DATE

Ortiz, Raymond
Z.

12/07/2011

Return

JUDGE NAME

SEQUENCE

ASSIGNMENT EVENT

#

DESCRIPTION

1

INITIAL ASSIGNMENT

Print

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