Case Details

CourtDistrict of New Mexico
Docket number1:06-cv-00818
Date case filed2006-09-05
Date case closed2007-09-20
Date of latest filing
Assigned toMagistrate Judge Don J. Svet
Case cause42:1981 Civil Rights
Nature of suit445 Civil Rights: Americans with Disabilities - Employment
Jury demandDefendant
Demand
JurisdictionFederal Question

Case Parties

Party: Edwin Chavez, Jr.
Party type: Plaintiff
Attorney name: Isabel Jerabek
Attorney Contact:
PO Box 3245
Las Cruces, NM 88003
(575) 524-1331
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Dona Ana County Detention Center
Party type: Defendant
as an agent of Dona Ana County
Attorney name: Frank N. Chavez
Attorney Contact:
Rosner Family Law Center
P.O. Box 241
Las Cruces, NM 88004-0241
575-524-4399
Fax: 575-523-9055
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: John Does, I-V
Party type: Defendant
TERMINATED: 08/22/2007
Attorney name: Frank N. Chavez
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Board of Dona Ana County Commissioners
Party type: Defendant
Attorney name: Frank N. Chavez
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12006-09-05 COMPLAINT (2 Summons(es) issued) (referred to Magistrate Judge Lourdes A. Martinez) (yc) (Entered: 09/05/2006)
22006-09-06 NOTICE of consent to proceed before a U.S. Magistrate Judge by plaintiff (yc) (Entered: 09/06/2006)
32006-10-05 RETURN OF SERVICE executed upon defendant Dona Ana County on 10/3/06 (yc) (Entered: 10/06/2006)
42006-10-05 RETURN OF SERVICE executed upon defendant Board of Dona Ana on 10/3/06 (yc) (Entered: 10/06/2006)
52006-10-18 NOTICE of consent to proceed before a U.S. Magistrate Judge by defts (yc) (Entered: 10/18/2006)
62006-10-18 ENTRY OF APPEARANCE for defts Dona Ana County, John Does I-V & Board of Dona Ana by Frank N. Chavez (yc) (Entered: 10/18/2006)
72006-10-20 ANSWER to complaint by defts Dona Ana County, John Does I-V & Board of Dona Ana County Comm [1-1] (yc) (Entered: 10/20/2006)
82006-10-31 ORDER by Magistrate Judge Lourdes A. Martinez setting Rule 16 scheduling conference on 12/7/06 @ 9:30 am in Las Cruces, NM; IPTR and Provisional Discovery Plan due 11/22/06 (cc: all counsel)* (jm) (Entered: 10/31/2006)
92006-11-20 PROVISIONAL DISCOVERY PLAN by the parties (yc) (Entered: 11/21/2006)
102006-11-20 UNOPPOSED MOTION by defts to amend their answer to pltf's complaint (yc) (Entered: 11/21/2006)
112006-11-22 CERTIFICATE of service on Initial Disclosures by deft Dona Ana County to counsel on 11/22/06* (jm) (Entered: 11/22/2006)
122006-11-28 CERTIFICATE of service by pltf of initial disclosures were mailed to opposing counsel on 11/28/06 (yc) (Entered: 11/28/2006)
132006-11-30 ORDER by Magistrate Judge Don J. Svet granting deft's mtn to amend their answer to pltf's complaint [10-1] (cc: all counsel) (jm) (Entered: 11/30/2006)
142006-12-05 FIRST AMENDED ANSWER [7-1] by deft Dona Ana County Detention Center To Pltf's Complaint For Discrimination in Violation of the Americans With Disabilities Act of 1990; Retaliation Pursuant to Section 503 of the Americans Disabilities Act of 1990; Violation of Procederal Due Process; Violation of of Substantive Due Process; Tortuous Interference with an Employment Relationship, and Intentional Infliction of Emotional Distress; jury demand (rg) (Entered: 12/05/2006)
152006-12-13 ORDER by Magistrate Judge Lourdes A. Martinez adopting attorney's provisional discovery plan [9-1] (cc: all counsel)* (jm) (Entered: 12/13/2006)
162006-12-13 ORDER by Magistrate Judge Lourdes A. Martinez setting settlement conference 5/9/07 @ 9:30 am in Las Cruces, NM (cc: all counsel)* (jm) (Entered: 12/13/2006)
172006-12-13 CLERK'S MINUTES: before Magistrate Judge Lourdes A. Martinez Rule 16 scheduling conference held 12/7/06 * (dmw) (Entered: 12/19/2006)
182006-12-21 ORDER by Magistrate Judge Lourdes A. Martinez assigning standard track & setting Discovery cutoff on 5/6/07; Motion Filing cutoff on 6/5/07; Pretrial order ddl on 8/4/07 (cc: all counsel)* (jm) (Entered: 12/22/2006)
192006-12-22 ORDER by Magistrate Judge Lourdes A. Martinez assigning standard track and setting Discovery cutoff on 5/6/07; Motion Filing cutoff on 6/5/07; Pretrial order ddl on 8/4/07 (cc: all counsel)* (jm) (Entered: 12/22/2006)
202006-12-22 CERTIFICATE of service on Supplemental Initial Disclosures by deft to counsel on 12/22/06* (jm) (Entered: 12/22/2006)
212006-12-28 CERTIFICATE by pltf of service of his supplement to the initial discloures were mailed to opposing counsel on 12/20/06 (yc) (Entered: 12/28/2006)
222006-12-29 INITIAL PRE-TRIAL REPORT by Magistrate Judge Don J. Svet and Magistrate Judge Lourdes A. Martinez; Discovery set for 5/6/07; mtn filing ddl set for 6/5/07; proposed pretrial order due 8/4/07; Estimated # of Trial Days: 5; Chances of Settlement: not stated (cc: all counsel) (dmw) (Entered: 12/29/2006)
232007-03-22 MOTION for Summary Judgment by Dona Ana County Detention Center, John Does, IV, Board of Dona Ana County Commissioners. (Chavez, Frank) (Entered: 03/22/2007)
242007-03-22 MEMORANDUM in Support re 23 MOTION for Summary Judgment filed by Dona Ana County Detention Center, John Does, IV, Board of Dona Ana County Commissioners. (Attachments: # 1 Affidavit of Sue Padilla# 2 Affidavit of Mary Amos Pierce# 3 Exhibit Deposition Excerpts of Edwin Chavez# 4 Exhibit Deposition Excerpts of Edwin Chavez# 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit)(Chavez, Frank) (Entered: 03/22/2007)
252007-04-05 CERTIFICATE OF SERVICE by Edwin Chavez, Jr Plaintiff's First Discovery Requests to Defendants (Jerabek, Isabel) (Entered: 04/05/2007)
262007-04-09 RESPONSE in Opposition re 23 MOTION for Summary Judgment filed by Edwin Chavez, Jr. (Jerabek, Isabel) (Entered: 04/09/2007)
272007-04-09 MEMORANDUM in Opposition re 24 Memorandum in Support, 23 MOTION for Summary Judgment filed by Edwin Chavez, Jr. (Attachments: # 1 Exhibit A, Tort Claims Notice)(Jerabek, Isabel) (Entered: 04/09/2007)
282007-04-11 REPLY to Response to Motion re 23 MOTION for Summary Judgment filed by Dona Ana County Detention Center, John Does, IV, Board of Dona Ana County Commissioners. (Chavez, Frank) (Entered: 04/11/2007)
292007-04-11 NOTICE of Briefing Complete by Dona Ana County Detention Center, John Does, IV, Board of Dona Ana County Commissioners re 23 MOTION for Summary Judgment filed by John Does, I-V, Board of Dona Ana County Commissioners, Dona Ana County Detention Center (Chavez, Frank) (Entered: 04/11/2007)
302007-04-23 Unopposed MOTION to Continue Settlement Conference by Dona Ana County Detention Center, John Does, IV, Board of Dona Ana County Commissioners. (Chavez, Frank) (Entered: 04/23/2007)
312007-04-30 CERTIFICATE OF SERVICE by Dona Ana County Detention Center, John Does, IV, Board of Dona Ana County Commissioners Responses to Plaintiff's First Set of Requests for Production to Defendants (Chavez, Frank) (Entered: 04/30/2007)
322007-04-30 CERTIFICATE OF SERVICE by Dona Ana County Detention Center, John Does, IV, Board of Dona Ana County Commissioners Answers to Plaintiff's First Set of Interrogatories to Defendants (Chavez, Frank) (Entered: 04/30/2007)
332007-04-30 CERTIFICATE OF SERVICE by Dona Ana County Detention Center, John Does, IV, Board of Dona Ana County Commissioners Responses to Plaintiff's First Set of Requests for Admissions (Chavez, Frank) (Entered: 04/30/2007)
342007-05-01 ORDER Continuing Settlement Conference by Judge Lourdes A. Martinez GRANTING 30 Unopposed Motion to Continue Settlement Conference. (cfa) (Entered: 05/01/2007)
352007-07-11 MEMORANDUM OPINION AND ORDER Terminated document(s): 23 MOTION for Summary Judgment. Related document(s): 24 Memorandum in Support, 28 Reply to Response to Motion, 23 MOTION for Summary Judgment, 26 Response in Opposition to Motion, 27 Memorandum in Opposition. by Judge Don J. Svet (og) (Entered: 07/11/2007)
362007-07-17 Unopposed MOTION to Reset Settlement Conference and Pretrial Order Deadlines by Edwin Chavez, Jr. (Jerabek, Isabel) (Entered: 07/17/2007)
372007-07-20 NOTICE by Dona Ana County Detention Center, John Does, IV, Board of Dona Ana County Commissioners of Unavailability 9/12/07-9/24/07 (Chavez, Frank) Modified re: add dates on 7/23/2007 (jm). (Entered: 07/20/2007)
382007-07-23 ORDER Setting Hearing on Motion 36 Unopposed MOTION to Reschedule Settlement Conference and to Reset Pretrial Order Deadlines by Judge Lourdes A. Martinez. In-person Motion Hearing set for Wednesday, 8/1/2007 @ 11:30 AM in Las Cruces - Second Floor Visiting Judge Courtroom before Magistrate Judge Lourdes A. Martinez. (cfa) (Entered: 07/23/2007)
392007-08-01 CLERK'S MINUTES for proceedings held before Judge Lourdes A. Martinez : In-person Motion Hearing held on Wednesday, 8/1/2007 re 36 Motion to Reschedule Settlement Conference and to Reset Pretrial Order Deadlines filed by Edwin Chavez, Jr. (cfa) (Entered: 08/03/2007)
402007-08-03 ORDER Setting Settlement Conference by Judge Lourdes A. Martinez. Settlement Conference set for Thursday, 8/23/2007 @ 09:00 AM before Magistrate Judge Lourdes A. Martinez in Las Cruces, New Mexico. Concise statements are due by Monday, August 13, 2007. (cfa) (Entered: 08/03/2007)
412007-08-03 ORDER by Judge Lourdes A. Martinez GRANTING 36 Motion to Reschedule Settlement Conference and to Reset Pretrial Order Deadlines. IT IS HEREBY ORDERED that the Pretrial Order from Plaintiff to Defendants is due by Thursday, September 13, 2007 and Defendants are to submit the Pretrial Order to the Court by Thursday, September 27, 2007. THIS IS A TEXT ONLY ORDER. THERE ARE NO DOCUMENTS ATTACHED. (cfa) (Entered: 08/03/2007)
422007-08-03 Unopposed MOTION to Dismiss Party John Does I-V by Dona Ana County Detention Center, John Does, IV, Board of Dona Ana County Commissioners. (Chavez, Frank) (Entered: 08/03/2007)
432007-08-22 ORDER by Judge Don J. Svet granting 42 Order on Motion to Dismiss Party John Does, IV terminated. (og) (Entered: 08/22/2007)
442007-08-23 CLERK'S MINUTES for proceedings held before Judge Lourdes A. Martinez : Settlement Conference held on Thursday, 8/23/2007. (cfa) (Entered: 08/24/2007)
452007-08-24 ORDER to File Closing Documents as a Result of Settlement by Judge Lourdes A. Martinez. Closing documents must be filed no later than Monday, September 24, 2007. (cfa) (Entered: 08/24/2007)
462007-09-14 MOTION to Dismiss with Prejudice by Dona Ana County Detention Center, Board of Dona Ana County Commissioners. (Attachments: # 1 Exhibit 1)(Chavez, Frank) (Entered: 09/14/2007)
472007-09-20 ORDER by Judge Don J. Svet granting 46 Motion to Dismiss (og) (Entered: 09/20/2007)