Martinez v. Safeco Insurance Company of America

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
JORGE MARTINEZ, AS POWER OF ATTORNEY
FOR THE ESTATE OF JOHN HEISER,
Plaintiffs,
v. Civ. No. 1:25-cv-1098 LF/GJF
SAFECO INSURANCE COMPANY OF AMERICA,
Defendant.
ORDER TO SHOW CAUSE
THIS MATTER comes before the Court sua sponte. Plaintiff filed his Complaint in state
court on September 24, 2025. Dkt. No. 1-1. On November 5, 2025, Defendant removed the case
to this Court, indicating that it “was served through the Office of Superintendent of Insurance on
[October 6, 2025].” Dkt. No. 1 ¶ 32. Affording Defendant an additional 10 days because service
was accomplished through the Superintendent, Defendant’s responsive pleading was due by at
least November 17, 2025. See N.M.S.A. § 59A-5-32(C); Fed. R. Civ. P. 81(c)(2).
For reasons not readily apparent, Defendant has not filed a responsive pleading or a notice
of extension.
IT IS ORDERED that, no later than December 8, 2025, Defendant shall answer or
otherwise respond to Plaintiff’s Complaint (Dkt. No. 1-1) or provide the Court with a written
explanation showing good cause why it has failed to do so.
SO ORDERED.
_______________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE
Case 1:25-cv-01098-KG-GJF Document 6 Filed 12/01/25 Page 1 of 1