Stoddard v. Harms et al

Filing 9

ORDER by Magistrate Judge Stephan M. Vidmar SETTING telephonic Status Conference for November 30, 2021, at 1:30 p.m. MST. Counsel must call Judge Vidmar's AT&T Conference Line at (888) 363-4734 (access code: 4382538) to connect to the proceedings. (nlb)

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Case 1:21-cv-00669-KRS-SMV Document 9 Filed 11/17/21 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO VICTORIA NICOLE STODDARD, Plaintiff, v. No. 21-cv-0669 KRS/SMV JEREMIAH J. HARMS, STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., GURINDER SINGH HUNDAL, GOLDEN TRUCKING, WILSHIRE INSURANCE COMPANY, BRANDY STODDARD, PROGRESSIVE PALOVERDE INSURANCE COMPANY, and JOHN AND JANE DOES 1–10, Defendants,1 and BRANDY STODDARD,2 Cross-Plaintiff/Third-Party Plaintiff, v. JEREMIAH J. HARMS, STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., GURINDER SINGH HUNDAL, GOLDEN TRUCKING, and WILSHIRE INSURANCE COMPANY, Cross-Defendants, and 1 Plaintiff’s original Complaint, filed in state court on December 28, 2020, named only John Does as Defendants. [Doc. 1-1] at 4–11. Plaintiff’s First Amended Complaint, filed in state court on March 31, 2021, named among others, Tiwana Insurance Solutions, Inc. as a Defendant. [Doc. 1-1] at 14–25. But Tiwana was not named in the Second Amended Complaint, [Doc. [1-1] at 156–69, which was filed on June 10, 2021, in state court, and is the operative complaint. 2 John Stoddard was named alongside Brandy Stoddard as initiating the same claims, but it does not appear that he has been granted leave to intervene. See Fed. R. Civ. P. 24; see also Rule 1-024 NMRA. Case 1:21-cv-00669-KRS-SMV Document 9 Filed 11/17/21 Page 2 of 3 DERRYON JAMES, ALEXANDER UZVENKO, GLOBAL CARGO LOGISTICS, and JOHN AND JANE DOES 1–10, Third-Party Defendants. and JEREMIAH J. HARMS, Cross-Plaintiff/Cross-Defendant, v. GURINDER SINGH HUNDAL and GOLDEN TRUCKING, Cross-Defendants/Cross-Plaintiffs. ORDER SETTING STATUS CONFERENCE Date and time: November 30, 2021, at 1:30 p.m. MST Matter to be heard: Status Conference A telephonic Status Conference is hereby set for November 30, 2021, at 1:30 p.m. MST. Counsel should be prepared to discuss the status of the case, including but not limited to: • Whether removing Defendant Wilshire has satisfied its duty to file on the record in this case legible copies of all records and proceedings from the state court docket, as required by D.N.M.LR-Civ. 81.1(a). • The status of service of process on Third-Party Defendants Derryon James, Alexander Uzvenko, and Global Cargo Logistics by Third-Party Plaintiff Brandy Stoddard. • The status of Defendants Hundal and Golden Trucking’s pleading responsive to Plaintiff’s Second Amended Complaint, [Doc. 1-1] at 156—69, filed in state court on June 10, 2021. 2 Case 1:21-cv-00669-KRS-SMV Document 9 Filed 11/17/21 Page 3 of 3 • The status of Defendant Harms’s pleading responsive to Plaintiff’s Second Amended Complaint, [Doc. 1-1] at 156—69, filed in state court on June 10, 2021. Defendant Harms answered Plaintiff’s First Amended Complaint, [Doc. 5], but not the Second. • The status of Cross-Defendants Harms and State Farm’s pleading responsive to Cross-Plaintiff Brandy Stoddard’s First Amended Cross Claim and Third-Party Complaint, [Doc. 1-1] at 225–246, filed in state court on July 2, 2021. • The status of Cross-Defendant Harms’s pleading responsive to Cross-Plaintiffs Hundal and Golden Trucking’s Cross Claim, [Doc. 8], filed in this Court on August 27, 2021. • Whether John Stoddard has filed or intends to file a motion to intervene and, if so, when. Counsel must call the Court’s AT&T Conference Line, (888) 363-4734 (access code: 4382538), to connect to the proceedings. IT IS SO ORDERED. _____________________________ STEPHAN M. VIDMAR United States Magistrate Judge 3

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