MEMORANDUM OPINION AND ORDER JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on: (i) Defendant Rick F. Atchinson and Plumbsquare Construction, Inc.'s Motion to Dismiss for Failure to State a Claim, filed June 25, 2019 (Doc. 7) ("Motion to Dismiss"); and (ii) the Plaintiffs' Motion to Remand the Case to State Court, filed July 26, 2019 (Doc. 17) ("Motion to Remand"). The Court held a hearing on September 6, 2019. See Clerk's Minutes, filed September 6, 2019 (Doc....
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING , UNITED STATES DISTRICT JUDGE . THIS MATTER comes before the Court on the question whether to exclude Brian Acee, a Federal Bureau of Investigation Agent and witness at trial, see Draft Transcript of Trial at 94:13-95:6 (taken July 10, 2018)(Acton, Court, Armijo)("Tr."), 1 from the courtroom during voir dire. The primary issue is whether rule 615 of the Federal Rules of Evidence — providing that: "[a]t a party's request, the court must...
MEMORANDUM OPINION AND ORDER James O. Browning , UNITED STATES DISTRICT JUDGE . THIS MATTER comes before the Court on: (i) the Defendant Anthony Cordova's Ex Parte Motion for New Trial, filed August 14, 2019 (Doc. 1108)("Motion"); (ii) the Ex Parte Supplemental Brief in Support of Ex Parte Rule 33(B)(1) Motion for New Trial [Doc. 1108], filed September 11, 2019 (Doc. 1120)("Supplemental Brief"); and (iii) the oral motion for a new trial, made at the September 16, 2019 sentencing hearing....
MEMORANDUM OPINION AND ORDER JUDITH C. HERRERA , District Judge . This matter is before the Court on Defendants' Motion to Dismiss [Doc. 2], in which they argue that Plaintiff's claims are untimely. Defendants also contend that they owed no fiduciary duty to Plaintiff and that his tort claims are barred by the economic loss rule. Plaintiff filed a response [Doc. 12], and Defendants filed a reply [Doc. 16]. After reviewing the parties' arguments, the Court concludes that the motion to...
MEMORANDUM OPINION AND ORDER KEA W. RIGGS , District Judge . THIS MATTER comes before the Court upon the individual CYFD Defendants' Motion for Judgment on the Pleadings, filed on December 16, 2019 (Doc. 20) . Having reviewed the parties' pleadings and the applicable law, the Court finds that Defendants' motion is not well-taken and therefore is DENIED. BACKGROUND This case arises from the abuse of two foster children, F.B. and T.B., and the death of another foster child, Ariza...
MEMORANDUM OPINION AND ORDER ADOPTING THE MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION JAMES O. BROWNING , UNITED STATES DISTRICT JUDGE . THIS MATTER comes before the Court on: (i) the Plaintiff's Request for a Meeting, filed July 1, 2019 (Doc. 14); (ii) the Plaintiff's Request for a Hearing, filed July 24, 2019 (Doc. 16); (iii) the Defendant's Motion for Summary Judgment and Supporting Memorandum, filed August 5, 2019 (Doc. 20)("Azar MSJ"); (iv) the Plaintiff's...
MEMORANDUM OPINION AND ORDER MARTHA V ZQUEZ , District Judge . Before the Court is Plaintiff Antonio Serna's Pro Se Civil Rights Complaint (Docs. 1-1, 1-2, 1-3). Also before the Court is his Motion for Preliminary Injunction (Doc. 6). Plaintiff is incarcerated and appears pro se. He contends that prison officials were deliberately indifferent to his medical needs by failing to treat his nail fungus and a bone spur on his foot. Having reviewed the matter under 28 U.S.C. 1915A, the...
MEMORANDUM OPINION AND ORDER JUDITH C. HERRERA , Senior District Judge . This matter is before the Court on the Government's opposed "Omnibus Motion in Limine " (ECF No. 110) and the Government's "Notice of Intent to Introduce Evidence Pursuant to Federal Rule of Evidence 404(b)" (ECF No. 101) and Defendant's Response to the Notice of Intent to Introduce Evidence Pursuant to Federal Rule of Evidence 404(b) (ECF No. 129). A. BACKGROUND According to the Government, Defendant murdered a...
MEMORANDUM OPINION AND ORDER JUDITH C. HERRERA , Senior District Judge . This matter is before the Court on Plaintiff Berkley V. Walker's "Motion for Reconsideration and Memorandum of Law in Support." See ECF No. 21 (Pl.'s Mot.). I. BACKGROUND Plaintiff Berkley V. Walker (Mr. Walker) resides in Albuquerque and has maintained a checking account with Defendant BOKF, National Association d/b/a Bank of Albuquerque (BOKF). The account is governed by a Deposit Agreement, which reads as...
MEMORANDUM OPINION AND ORDER ADOPTING THE MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION, AND DENYING THE PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition of Plaintiff's Application to Proceed In Forma Pauperis, filed February 21, 2020 (Doc. 7) ("PFRD"), which recommends that the Court deny the Plaintiff's Application to...
ORDER GRANTING JOINT MOTION FOR RELIEF FROM THE SCHEDULING ORDER, FINDING GOOD CAUSE TO DELAY REISSUANCE OF A SCHEDULING ORDER, AND VACATING CERTAIN SCHEDULING DEADLINES KEVIN R. SWEAZEA , Magistrate Judge . THIS MATTER comes before Court on the Parties' Joint Motion Requesting Relief from the Scheduling Order (Doc. 37). Having considered the request and that all parties concur in the relief requested, the Court hereby vacates the current and remaining deadlines in its Scheduling Order (...
MEMORANDUM OPINION AND ORDER GREGORY J. FOURATT , Magistrate Judge . THIS MATTER is before the Court upon Plaintiff Jose A. Martinez's ("Plaintiff's") "Motion to Reverse and Remand for Payment of Benefits, or in the Alternative, for Rehearing, with Supporting Memorandum" [ECF 13] ("Motion"). The Motion is fully briefed. See ECFs 15 (Commissioner's Response), 16 (Reply). Having meticulously reviewed the entire record and the parties' briefing, the Court concludes that the Administrative...
ORDER VACATING INITIAL SCHEDULING ORDER AND RULE 16 SCHEDULING CONFERENCE CARMEN E. GARZA , Chief Magistrate Judge . THIS MATTER is before the Court on Defendants' Stipulation, (Doc. 25), filed March 4, 2020, and the Court's Order of Transfer, (Doc. 26), filed March 18, 2020. IT IS THEREFORE ORDERED that the Court's Initial Scheduling Order, (Doc. 18), and the Telephonic Rule 16 Scheduling Conference set for March 24, 2020, are VACATED. IT IS SO ORDERED.
ORDER GRANTING MOTION TO EXTEND DEADLINE TO SUBMIT CLOSING DOCUMENTS CARMEN E. GARZA , Chief Magistrate Judge . THIS MATTER is before the Court on the Parties' Joint Motion to Extend Deadline to Submit Closing Documents, (Doc. 50), filed March 18, 2020. The Court, being fully advised in the premises, finds the Motion is well-taken and is hereby GRANTED. IT IS THEREFORE ORDERED that closing documents are to be filed no later than April 20, 2020, absent a request showing good cause...
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION CARMEN E. GARZA , Chief Magistrate Judge . THIS MATTER is before the Court on Plaintiffs' Motion for Enlargement of Time for Plaintiffs to File Amendments to Pleadings and Join Additional Parties (the "Motion to Extend"), (Doc. 64), filed February 13, 2020, and Defendants Larry and Beverly Blanks' Response to Plaintiffs' Motion for Enlargement of Time to File Amendments to Pleadings and Join Additional Parties (the "Response to Motion to...
ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION WILLIAM P. JOHNSON , Chief District Judge . THIS MATTER comes before the Court on the joint request by Plaintiff Karri Dalton as the Personal Representative of the Estate of Nikki Bascom, deceased, and Next Friend to M.B., a minor child, and A.C., a minor child against Defendants Grant County, ex rel. Grant County Sheriff's Department, Deputy Jacob Villegas, Deputy Frank Gomez and Deputy Adam Arellano (the...
ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION TO WAIVE 14-DAY DEADLINE TO OBJECT TO JUDGE RITTER'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION [DOC. 162] WILLIAM P. JOHNSON , Chief District Judge . THIS MATTER comes before the Court on Plaintiffs' Unopposed Motion to Waive 14-Day Deadline to Object to Doc. 162 [Doc. 163]. Having considered the Motion and finding that it has merit, the Court finds that it should be granted. IT IS, THEREFORE, HEREBY ORDERED that the parties have waived the...
MEMORANDUM OPINION AND ORDER ROBERT C. BRACK , Senior District Judge . THIS MATTER comes before the Court on Mr. Mu oz's Motion for Consideration for Reduction of Sentence pursuant to the First Step Act of 2018, filed on November 1, 2019. (Doc. 596.) Having reviewed the Motion, the record, and the applicable law, the Court finds the motion is not well-taken and should be denied. I. Background On August 30, 2010, Mr. Mu oz pled guilty to Counts 1 and 8 of the Third Superseding...
ORDER SETTING TELEPHONIC STATUS CONFERENCE CARMEN E. GARZA , Chief Magistrate Judge . THIS MATTER is before the Court after conferring with counsel about a mutually convenient date and time. IT IS HEREBY ORDERED that a status conference will be held by telephone on May 5, 2020, at 1:30 p.m. Parties shall call Judge Garza's AT&T Teleconference line at (877) 810-9415, follow the prompts, and enter the Access Code 7467959, to be connected to the proceedings. IT IS SO ORDERED.
ORDER ADOPTING JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN CARMEN E. GARZA , Chief Magistrate Judge . THIS MATTER is before the Court on the Rule 16 Initial Scheduling Conference and the parties' Joint Status Report and Provisional Discovery Plan , (Doc. 16), filed March 12, 2020. The Court adopts the Joint Status Report and Provisional Discovery Plan as modified by the dates designated in the Court's Scheduling Order, (Doc. 18). IT IS SO ORDERED.
