Case: Lewis v. New Mexico Dept. of Health

Lewis v. Dept. of Health

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Tenth Circuit

COMPLAINT w/jury demand ( 4 Summons(es) issued) (referred to Magistrate Judge Leslie C. Smith ) (mjr) (Entered: 01/08/1999)

FILING FEE PAID: on 1/7/99 in the amount of $150.00, receipt #: 113330. (mjr)

RETURN OF SERVICE of s/c executed upon defendant New Mexico Dept of Human Services on 1/12/99 (bap) (Entered: 01/20/1999)

RETURN OF SERVICE of s/c executed upon defendant New Mexico Dept Health on 1/12/99 (bap) (Entered: 01/20/1999)

RETURN OF SERVICE of s/c executed upon defendant J Alex Valdez on 1/12/99 (bap) (Entered: 01/20/1999)

RETURN OF SERVICE of s/c executed upon defendant Gary Johnson on 1/12/99 (bap) (Entered: 01/20/1999)

MOTION by State of NM defts to extend time until 4/2/99 within which to answer (former employee) Modified on 02/01/1999 (Entered: 02/01/1999)

MEMORANDUM (Brief) by defts in support of motion to extend time until 4/2/99 within which to answer [6-1] (former employee) (Entered: 02/01/1999)

RESPONSE by plaintiffs in opposition to motion to extend time until 4/2/99 within which to answer [6-1] (dmw) (Entered: 02/03/1999)

REPLY by State of NM defts to response to motion to extend time until 4/2/99 within which to answer [6-1] (former employee) (Entered: 02/05/1999)

ORDER by Judge Martha Vazquez granting defts' motion to extend time until 4/2/99 within which to answer [6-1] (cc: all counsel) (former employee) (Entered: 02/16/1999)

AMENDED COMPLAINT by pltf for violation of civil rights and injunctive relief [1-1] (rd) (Entered: 05/10/1999)

MOTION by deft Gary Johnson to dismiss action against deft for failure to state a claim upon which relief may be granted (rd) (Entered: 06/14/1999)

MEMORANDUM by deft Gary Johnson in support of motion to dismiss action against deft for failure to state a claim upon which relief may be granted [12-1] (rd) (Entered: 06/14/1999)

RESPONSE by pltfs to deft Johnson's motion to dismiss action against deft for failure to state a claim upon which relief may be granted [12-1] (rd) (Entered: 06/14/1999)

REPLY by deft Gary Johnson to pltfs' response to motion to dismiss action against deft for failure to state a claim upon which relief may be granted [12-1] (rd) (Entered: 06/14/1999)

MOTION by defendants for reassignment to Judge Parker (dmw) (Entered: 06/15/1999)

MEMORANDUM by defendants in support of motion for reassignment to Judge Parker [16-1] (dmw) (Entered: 06/15/1999)

RESPONSE by plaintiffs to motion for reassignment to Judge Parker [16-1] (dmw) (Entered: 06/15/1999)

REPLY by defendants in support of motion for reassignment to Judge Parker [16-1] (dmw) (Entered: 06/15/1999)

MOTION by defendants to dismiss pursuant to Rule 12(b)(6) (dmw) (Entered: 06/15/1999)

MEMORANDUM by defendants in support of motion to dismiss pursuant to Rule 12(b)(6) [20-1] (dmw) (Entered: 06/15/1999)

ERRATA by defendants to memorandum in support of motion to dismiss pursuant to Rule 12(b)(6) [21-1] (dmw) (Entered: 06/15/1999)

RESPONSE by plaintiffs in opposition to motion to dismiss pursuant to Rule 12(b)(6) [20-1] (dmw) (Entered: 06/15/1999)

REPLY by defendants in support of motion to dismiss pursuant to Rule 12(b)(6) [20-1] (dmw) (Entered: 06/15/1999)

MOTION by defendants to dismiss based on sovereign immunity (dmw) (Entered: 06/15/1999)

MEMORANDUM by defendants in support of motion to dismiss based on sovereign immunity [25-1] (dmw) (Entered: 06/15/1999)

RESPONSE by plaintiffs in opposition to motion to dismiss based on sovereign immunity [25-1] (dmw) (Entered: 06/15/1999)

REPLY by defendants in support of motion to dismiss based on sovereign immunity [25-1] (dmw) (Entered: 06/15/1999)

MINUTE ORDER: Case referred to Chief Magistrate William Deaton (cc: all counsel) (rg) (Entered: 06/18/1999)

NOTICE by pltfs of Supplemental Authority re response in opposition to defts' motion to dismiss deft Governor Johnson (rd) (Entered: 06/22/1999)

INITIAL SCHEDULING ORDER by Chief Magistrate William Deaton Rule 16 scheduling conference set for 8/3/99 at 11:00 am in Albuquerque, NM; Provisional Discovery Plan & IPTR due by 7/26/99 (cc: all counsel, electronically) (rd) (Entered: 06/23/1999)

NOTICE OF SUPPLEMENTAL AUTHORITY by defts relevant to pending motions [12-1], [25-1], [20-1], [16-1] (jrm) (Entered: 07/02/1999)

PROVISIONAL DISCOVERY PLAN by parties (vv) (Entered: 07/29/1999)

CERTIFICATE of Service by plaintiffs of Rule 26 disclosures, mailed to counsel of record on 07/30/99 (bap) Modified on 08/03/1999 (Entered: 08/03/1999)

SCHEDULING ORDER and ORDER OF STAY by Chief Magistrate William Deaton setting initial disclosure schedule; staying discovery except for initial disclosures unitl 11/1/99 and setting telephonic conference for 10/27/99 at 8:30 am to schedule pre-trial deadlines (cc: all counsel, electronically) (rd) (Entered: 08/05/1999)

ORDER by Judge Martha Vazquez denying defts' motion for reassignment to Judge Parker [16-1] (cc: all counsel, electronically) (rd) (Entered: 08/06/1999)

NOTICE by pltfs of Supplemental Authority (rd) (Entered: 08/19/1999)

NOTICE by plaintiffs of supplemental authority (dmw) (Entered: 09/14/1999)

UNOPPOSED MOTION by defts for Extension of time until 10/15/99 to produce initial disclosure documents (rd) (Entered: 10/01/1999)

ORDER by Chief Magistrate William Deaton granting defts' unopposed motion for extension until 10/15/99 to produce initial disclosure documents [39-1] (cc: all counsel) (rd) (Entered: 10/05/1999)

NOTICE by pltfs of supplemental authority re motion to dismiss based on sovereign immunity filed on 6/14/99 (rd) (Entered: 10/15/1999)

ORDER by Chief Magistrate William Deaton continuing order of stay to 1-4-2000; Initial Pretrial Report shall be submitted by 1-4-2000 (cc: all counsel*) (jrm) (Entered: 10/29/1999)

NOTICE by plaintiffs of suggestion of death of Faye Morgan (dmw) (Entered: 12/17/1999)

ORDER by Chief Magistrate William Deaton setting settlement conference for 10/3/00 at 1:15 pm in Albuquerque, NM (cc: all counsel*) (rd) (Entered: 01/19/2000)

INITIAL PRE-TRIAL REPORT by Judge Martha Vazquez and Chief Magistrate William Deaton; Discovery set for 8/30/2000; mtn filing ddl set for 11/13/2000; proposed pretrial order due 11/30/2000; pretrial conference set for 10:00 am on 1/25/2001; non-jury trial set for 9:00 am on 2/5/2001 both in Santa Fe NM; Estimated # of Trial Days: 15; Chances of Settlement: poor (cc: all counsel) (mjr) (Entered: 01/21/2000)

MOTION by defts for summary judgment on claims of pltfs Ben Lewis, Aaron Norrid, Fred Romero, Faye Morgan and Deborah Eminger (rd) (Entered: 03/03/2000)

FIRST MOTION by pltfs to compel (rd) (Entered: 02/04/2000)

RESPONSE by defts to pltfs' motion to compel [46-1] (rd) (Entered: 02/04/2000)

REPLY by pltfs to defts' response to motion to compel [46-1] (rd) (Entered: 02/04/2000)

MOTION by plaintiffs to file second amended complaint (dmw) Modified on 03/14/2000 (Entered: 03/14/2000)

ORDER by Chief Magistrate William Deaton vacating the 10-3-2000 settlement conference and resetting it for 10-12-2000 at 9:00 am in Albuquerque (cc: all counsel*) (jrm) (Entered: 02/10/2000)

MOTION by defendants to dismiss pltf New Mexico Protection and Advocacy System, Inc for lack of standing (jrm) (Entered: 03/14/2000)

MEMORANDUM, OPINION, AND ORDER: by Chief Magistrate William Deaton denying in part pltfs' motion to compel [46-1] (cc: all counsel*) (dmw)

ORDER by Chief Magistrate William Deaton denying portion of pltf's 1st mtn to compel dealing with memo from Rita Willis dated 10-15-99 [46-1] (cc: all counsel*) (jrm) (Entered: 02/25/2000)

CERTIFICATE of service by pltfs of pltf Billy Jo Quisenberry's 1st set of interrog(s) and request for production to counsel on 2/23/00 (rd) Modified on 02/28/2000 (Entered: 02/28/2000)

CERTIFICATE of service by pltfs of pltf Protection & Advocacy System Inc's 1st set of interrog(s) and request for production to counsel on 2/23/00 (rd) (Entered: 02/28/2000)

MOTION by defendants for protective order (sl) (Entered: 02/25/2000)

MEMORANDUM by defendants in support of motion for protective order [52-1] (sl) (Entered: 02/25/2000)

RESPONSE by plaintiffs to defts motion for protective order [52-1] (sl) (Entered: 02/25/2000)

REPLY by defendants to pltfs response to motion for protective order [52-1] (sl) (Entered: 02/25/2000)

MEMORANDUM by defts in support of motion for summary judgment on claims of pltfs Ben Lewis, Aaron Norrid, Fred Romero, Faye Morgan and Deborah Eminger [58-1] (rd) (Entered: 03/03/2000)

AFFIDAVIT of Ramona Flores-Lopez in support of defts' motion for summary judgment on claims of pltfs Ben Lewis, Aaron Fred Romero, Faye Morgan and Deborah Eminger [58-1] (rd) (Entered: 03/03/2000)

DECLARATION (Statement) by defts of undisputed facts in support of motion for summary judgment on claims of pltfs Ben Lewis, Aaron Norrid, Fred Romero, Faye Morgan and Deborah Eminger [58-1] (rd) (Entered: 03/03/2000)

RESPONSE by pltfs to defts' motion for summary judgment on claims of pltfs Ben Lewis, Aaron Norrid, Fred Romero, Faye Morgan and Deborah Eminger [58-1] (rd) (Entered: 03/03/2000)

REPLY by defts to pltfs' response to motion for summary judgment on claims of pltfs Ben Lewis, Aaron Norrid, Fred Romero, Faye Morgan and Deborah Eminger [58-1] (rd) (Entered: 03/03/2000)

ORDER by Chief Magistrate William Deaton denying motion for protective order [52-1] by Department of Human, Department of Health, J Alex Valdez, Gary Johnson (cc: all counsel*) (jrm) (Entered: 03/03/2000)

NOTICE of supplemental authority by plaintiffs (dmw) (Entered: 03/09/2000)

MEMORANDUM brief by defendants in support of motion to dismiss pltf New Mexico Protection and Advocacy System, Inc for lack of standing [66-1] (jrm) (Entered: 03/14/2000)

RESPONSE in opposition by plaintiffs to motion to dismiss pltf New Mexico Protection and Advocacy System, Inc for lack of standing [66-1] (jrm) (Entered: 03/14/2000)

REPLY by defendants to response to motion to dismiss pltf New Mexico Protection and Advocacy System, Inc for lack of standing [66-1] (jrm) (Entered: 03/14/2000)

MEMORANDUM by plaintiffs in support of motion to file second amended complaint [70-1] (dmw) (Entered: 03/14/2000)

RESPONSE by defendants in opposition to motion to file second amended complaint [70-1] (dmw) (Entered: 03/14/2000)

REPLY by plaintiffs to response in opposition to motion to file second amended complaint [70-1] (dmw) (Entered: 03/14/2000)

CERTIFICATE of Service by defendants of response to first set of interrogatories and request for production, mailed to opposing counsel on 4/6/00 (bap) (Entered: 04/10/2000)

MOTION by defts to stay discovery until pending dispositive motions are ruled on (rd) (Entered: 05/05/2000)

MEMORANDUM, OPINION, AND ORDER: by Judge Martha Vazquez granting/denying in part defts motion to dismiss action against deft for failure to state a claim upon which relief may be granted [12-1] granting/denying in part defts motion to dismiss based on sovereign immunity [25-1], denying defts' motion to dismiss pursuant to Rule 12(b)(6) [20-1] by Department of Human, Department of Health, J Alex Valdez, Gary Johnson (cc: all counsel*) (sl)

AMENDED MEMORANDUM, OPINION, AND ORDER: by Judge Martha Vazquez granting/denying in part motion to dismiss action against deft for failure to state a claim upon which relief may be granted [12-1] denying/granting in part motion to dismiss based on sovereign immunity by Department of Human, Department of Health, J Alex Gary Johnson and denying motion to dismiss pursuant to Rule 12(b)(6) [20-1] by Department of Human, Department of Health, J Alex Valdez, Gary Johnson (cc: all counsel*) (jrm)

NOTICE OF INTERLOCUTORY APPEAL by defts from Dist. Court decision [76-1] ; Fees paid - Distribution as required. (cc:all counsel) (mjr) Modified on 05/02/2000 (Entered: 05/02/2000)

LETTER to USCA re; transmitting PROA in 1 volume on 5/2/00 (mjr)

MEMORANDUM by defts in support of motion to stay discovery until pending dispositive motions are ruled on [78-1] (rd) (Entered: 05/05/2000)

RESPONSE by pltfs to defts' motion to stay discovery until pending dispositive motions are ruled on [78-1] (rd) (Entered: 05/05/2000)

REPLY by defts to pltfs' response to motion to stay discovery until pending dispositive motions are ruled on [78-1] (rd) (Entered: 05/05/2000)

MOTION by defts to stay all proceedings pending appeal (rd) (Entered: 05/08/2000)

MEMORANDUM by defts in support of motion to stay all proceedings pending appeal [82-1] (rd) (Entered: 05/08/2000)

RESPONSE by pltfs to defts' motion to stay all proceedings pending appeal [82-1] (rd) (Entered: 05/09/2000)

AMENDED CERTIFICATE of service by defts of motion to stay with memorandum in support all proceedings to counsel on 5/5/00 (rd) (Entered: 05/10/2000)

MEMORANDUM, OPINION, AND ORDER: by Judge Martha Vazquez granting defts' motion to stay all proceedings pending appeal [82-1] and denying as moot defts' motion to stay discovery [78-1] Case stayed as to defts [85-2] (cc: all counsel*) (rd)

ACKNOWLEDGEMENT of receipt of preliminary record in 1 Volume by USCA on 5/5/00 - USCA Number: 00-2154 (mjr)

TRANSCRIPT Order Form (TOF) from Appellant; transcript not necessary for this appeal (mjr) Modified on 06/01/2000 (Entered: 05/22/2000)

LETTER to USCA re; record complete/trancripts not necessary (mjr)

MOTION by pltfs for certification of frivolousness re portion of interlocutory appeal (pr) (Entered: 06/07/2000)

MEMORANDUM BRIEF by pltfs in support of mtn for certification of frivolousness re portion of interlocutory appeal [88-1] (pr) (Entered: 06/07/2000)

RESPONSE by defts to motion for certification of frivolousness re portion of interlocutory appeal [88-1] (pr) (Entered: 06/07/2000)

REPLY by pltfs to defts' response to mtn for certification of frivolousness re portion of interlocutory appeal [88-1] (pr) (Entered: 06/07/2000)

ORDER sua sponte by Chief Magistrate William Deaton that the settlement conference set for 10/12/00 is VACATED (cc: all counsel*) (kd) (Entered: 10/11/2000)

MEMORANDUM, OPINION, AND ORDER: by District Judge Martha Vazquez denying pltfs' motion for certification of frivolousness re portion of interlocutory appeal [88-1] (cc: all counsel*) (rd)

NOTICE by pltfs of change of address for attys Duff Westbrook and Maureen Sanders (kd) (Entered: 04/20/2001)

ORDER by Chief Magistrate William Deaton Status hearing set on 10/1/01 @ 10:00 am (cc: all counsel*) (dmw) (Entered: 09/10/2001)

COPY of judgment from USCA affirming the decision of the District Court; the USCA declines to exercise pendent appellate jurisdiction over the remaining portions of the USDC's order [77-1] (mjr) (Entered: 09/10/2001)