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Old 13th April 2014, 06:25 AM   #3296
Join Date: Aug 2005
Posts: 41
Originally Posted by Orphia Nay View Post
No worries, Loren.

Any idea if the case details will still be updated at that site?

If not, where do we look? PACER?
The New Mexico court site will only update details as it's provided them, which means it probably won't be added to until the case is resolved. All further filings in federal court will be on PACER. It's already listed in PACER, in fact, and it's been assigned case number 1:2014-cv-00334-SMV-KBM, in the US District Court for New Mexico.

A handful of documents have been filed, but nothing too interesting. Notice of Removal, Notice of Appearance, and a Consent to Proceed Before a U.S. Magistrate Judge.

I should perhaps note that plaintiffs can sometimes have cases remanded back to state court by arguing that the defendant hasn't proven that the amount in controversy is actually over $75,000. Sometimes plaintiffs try to avoid removal by stipulating to a lesser amount. Here, one probably could've made a good argument that the amount in controversy should've been less than $75K, but Radford kinda shot himself in the foot with his "millions of dollars" pleading.

Also, as a plaintiff, Radford would've had reason to prefer New Mexico courts. The federal courts require jury verdicts to be unanimous, and Colorado requires the same. But New Mexico only requires that 5/6 of the jury concur in the verdict.
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