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CONSENTPENDING

U.S. District Court

District 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 Lynch
Referred to: Magistrate Judge Steven C. Yarbrough
Demand: $59,000
Case in other court: California Central, 2:14-cv-07822
Cause: 28:1441 Petition for Removal- Breach of Contract

Date Filed: 11/06/2014

Jury Demand: Both
Nature of Suit: 190 Contract: Other
Jurisdiction: Diversity

Plaintiff
John J Fortier
doing business as
Fortier Properties

represented by John Logan Hunter

Hunter Molloy & Salcido LLP
35 North Lake Avenue Suite 670
Pasadena, CA 91101
626-568-2500
Email: jhunter@hmspasadena.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Nayri Jilizian
Hunter Molloy & Salcido LLP
35 North Lake Avenue Suite 670
Pasadena, CA 91101
626-568-2500
Fax: 626-568-2800
Email: jilizian@gmail.com
ATTORNEY TO BE NOTICED

V.
Defendant
Family Dollar Stores of New Mexico,
Inc
a New Mexico corporation

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represented by Brian J Kim

Tharpe and Howell LLP
15250 Ventura Boulevard 9th Floor
Sherman Oaks, CA 91403
818-205-9955
Fax: 818-205-9944
Email: bkim@tharpe-howell.com
ATTORNEY TO BE NOTICED

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Stephanie Forman
Tharpe & Howell, LLP
15250 Ventura Blvd.
9th Floor
Sherman Oaks, CA 91403
818-205-9955
Fax: 818-205-9944
Email: sforman@tharpe-howell.com
ATTORNEY TO BE NOTICED
Charles D May , Jr
Tharpe and Howell LLP
15250 Ventura Boulevard 9th Floor
Sherman Oaks, CA 91403-3221
818-205-9955
Fax: 818-205-9944
Email: cmay@tharpe-howell.com
ATTORNEY TO BE NOTICED
Defendant
SMS Assist, LLC
an Illinois limted liability corporation
Defendant
ACE American Insurance Company
a Pennsylvania corporation
Defendant
Does
1 through 100, inclusive

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Date Filed

Docket Text

10/08/2014

1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number

BC556319 Receipt No: 0973-14589071 - Fee: $400, filed by Defendant Family
Dollar Stores of New Mexico, Inc.. (Attorney Charles D May, Jr added to party
Family Dollar Stores of New Mexico, Inc.(pty:dft))(May, Charles) [Transferred
from 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 Dollar

Stores of New Mexico, Inc., identifying Family Dollar Stores of New Mexico, Inc..
(May, Charles) [Transferred from California Central on 11/7/2014.] (Entered:

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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 ACE

American Insurance Company, Family Dollar Stores of New Mexico, Inc., SMS
Assist, LLC., Does 1 through 100. Jury Demand, filed by plaintiff John J Fortier.
(IN STATE COURT ON 9/2/2014 SUBMITTED ATTACHED EXHIBIT A OF
NOTICE OF REMOVAL 1 ). (jp) [Transferred from California Central on
11/7/2014.] (Entered: 10/09/2014)

10/09/2014

5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This

case has been randomly assigned to Magistrate Judge Patrick J. Walsh.
(Attachments: # 1 CV-11C Statement of Consent) (jp) [Transferred from California
Central on 11/7/2014.] (Entered: 10/09/2014)

10/09/2014

6 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party

must 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 in
which only a magistrate judge is initially assigned, plaintiff must file a proof of
service within 10 days of service of the summons and complaint as to each
defendant. (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's

Complaint Pursuant to FRCP 12(b)(6) filed by Defendant Family Dollar Stores of
New Mexico, Inc.. Motion set for hearing on 11/12/2014 at 11:00 AM before
Magistrate 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 New

Mexico ; Declaration of Aretha Ford filed by Defendant Family Dollar Stores of
New Mexico, Inc.. Motion set for hearing on 11/12/2014 at 11:00 AM before
Magistrate 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 District

Court of New Mexico ; Declaration of Aretha Ford 8 filed by Defendant Family
Dollar Stores of New Mexico, Inc.. (May, Charles) [Transferred from California
Central on 11/7/2014.] (Entered: 10/15/2014)

10/23/2014

10 NOTICE OF REASSIGNMENT of case from Magistrate Judge Patrick J. Walsh to

Judge Christina A. Snyder for all further proceedings. Any discovery matters that
may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge
Michael R. Wilner. The case number will now reflect the initials of the transferee
Judges CV14-07822 CAS (MRWx). (mg) [Transferred from California Central on
11/7/2014.] (Entered: 10/23/2014)

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10/24/2014

11 SCHEDULING NOTICE CONTINUED by Judge Christina A. Snyder re: Joint

MOTION 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 , previously
scheduled for 11/12/2014 at 11:00 AM has been rescheduled. Motions hearing is
continued to 11/17/2014 at 10:00 AM before Judge Christina A. Snyder. THERE IS
NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY
ENTRY [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 of
Plaintiff'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 by

Defendants Family Dollar Stores of New Mexico, Inc.. (Attachments: # 1
Order)(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) by

Judge Christina A. Snyder. Upon consideration of the Parties' Stipulation to
Transfer Venue Pursuant 28 U.S.C. 1404(a), the agreements forth therein, and
finding good cause thereon: It is Ordered that this matter be transferred from the
District Court for the Central District of California to the District Court for the
District of New Mexico. Original file, certified copy of the transfer order and docket
sheet sent. (MD JS-6. Case Terminated.) (Attachments: # 1 letter) (sp) [Transferred
from 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 of
California; Case Number 2:14-cv-07822. Original file certified copy of transfer
order 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

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16 PLEASE TAKE NOTICE that this case has been randomly assigned to United
States Magistrate Judge William P Lynch 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.nmcourt.fed.us for more information and instructions.
[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (iad) (Entered:
11/07/2014)

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