FINDINGS OF FACT, CONCLUSIONS OF LAW, AND MEMORANDUM OPINION JAMES A. PARKER, Senior District Judge. Background The State of New Mexico levies five taxes on oil and gas operations throughout New Mexico, including operations on the Ute Mountain Ute Reservation, that lies partly within the State of New Mexico along New Mexico's border with Colorado. On August 10, 2007, the Ute Mountain Ute Tribe ("UMUT") filed a Complaint (Doc. No. 1) against the Secretary of the Taxation and Revenue...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendant's Motion and Brief to Dismiss Plaintiff's Complaint for Failure to Timely Serve or, In the Alternative, Motion for Judgment on the Pleadings, filed July 7, 2008 (Doc. 9) ("Motion"). The Court held a hearing on October 23, 2008. The primary issues are: (i) whether the Court should dismiss the suit for failure to timely serve when the Complaint was not served within 120 days...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Plaintiff's Motion to Remand, filed November 6, 2009 (Doc. 4). The Court held a hearing on December 16, 2009. The primary issues are: (i) whether Plaintiff Christine Zufelt, as personal representative of Barbara Zufelt, deceased, fraudulently joined Defendant Sam Dell Nissan Corp. d/b/a Sam Dell Dodge Nissan ("Sam Dell Nissan") in this action; and (ii) whether Defendant Isuzu Motors...
MEMORANDUM OPINION AND ORDER JAMES O. BOWNING, District Judge. THIS MATTER comes before the Court on Defendant Gary Beene's Motion for Partial Summary Judgment on Qualified Immunity Grounds, filed February 27, 2009 (Doc. 63)("Motion"). The Court held a hearing on July 16, 2009. The primary issue is whether Defendant Gary Beene is entitled to qualified immunity protection from the Plaintiff Chris Isengard's third claim of violation of his liberty interest alleged in the Complaint. Because...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Motion to Dismiss Pursuant to F.R.C.P. 12(b)(6) by Defendants Hatcher and Park, filed October 14, 2008 (Doc. 20). The Court held a hearing on June 18, 2009. The primary issues are: (i) whether Defendant Valerie Park, in recording the proceedings of the grievance hearing in which Plaintiff Karen E. Duprey appealed her demotion, was acting in a quasi-judicial capacity and is entitled to...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendant's Motion for Summary Judgment and Memorandum of Law, filed February 20, 2009 (Doc. 23). The Court held a hearing on May 15, 2009. The primary issue is whether the subrogation waiver in the contract between owner University of New Mexico ("UNM") and general contractor Britton Construction Co. ("Britton") precludes Plaintiff Great American Insurance Company of New York ("Great...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Plaintiff's Motion for Imposition of Rule 11 Sanctions, filed December 12, 2008 (Doc. 41). The Court held a hearing on April 29, 2009. The primary issue is whether the Court should award Plaintiff Robert Bonadeo sanctions under rule 11 of the Federal Rules of Civil Procedure against Defendants Fred O'Cheskey, Maloof Companies, New Mexico Alcohol Beverage Wholesalers Association and...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on Plaintiff John Vondrak's Motion to Quash Subpoena, filed March 23, 2009 (Doc. 156). The primary issues are: (i) whether the Court should prevent the Defendants from deposing Plaintiff John Vondrak's treating physician, Dr. Pawan Jain; and (ii) whether the Court should preclude discovery of Dr. Jain's file on Vondrak and of all communications between Dr. Jain and Vondrak's attorneys. Because...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) Monumental Life Insurance Company's Supplemental Brief on Sole Cause Issue, filed December 17, 2007 (Doc. 50) ("Brief"); (ii) Plaintiff Rodney Miller's Supplemental Memorandum of Law in Support of Motion for Summary Judgment, filed January 7, 2008 (Doc. 52) ("Memo."); (iii) Monumental Life Insurance Company's Reply and Motion to Strike Plaintiff's Supplemental Brief, filed January 11,...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the City of Raton's Motion for Leave to Amend the First Amended Complaint, filed January 9, 2009 (Doc. 100). The Court held a hearing on February 26, 2009. The primary issues are: (i) whether Plaintiff City of Raton's Motion should be denied because of undue delay or prejudice to Defendant Arkansas River Power Authority ("ARPA"); and (ii) whether the City of Raton has pled cognizable...
ORDER GRANTING STATE DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S CLAIMS FOR DECLARATORY/INJUNCTIVE RELIEF LOURDES A. MART NEZ, United States Magistrate Judge. THIS MATTER is before the Court on Defendants' Motion to Dismiss Plaintiff's Claim for Declaratory/Injunctive Relief and Memorandum in Support ( Doc. 33 ) (hereinafter "Motion to Dismiss "), filed on July 10, 2009 by the New Mexico Human Services Department, Carolyn Ingram, Pamela Hyde, 1 Alfredo Vigil, and Cindy Padilla (...
