MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on Defendant Maloof Distributing, L.L.C.'s Motion for Summary Judgment, filed August 16, 2007 (Doc. 44). The Court held a hearing on the motion on October 9, 2007. The Court will grant in part and deny in part Maloof Distributing's motion. Maloof Distributing is not entitled to summary judgment on Negrete's discimination claims, because there is a genuine issue of material fact regarding his...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) the Defendants' Motion for Summary Judgment, filed March 26, 2010 (Doc. 54); (ii) the Plaintiff's Motion for Summary Judgment and Supporting Memorandum, filed March 26, 2010 (Doc. 56); and (iii) Plaintiff's Amended Motion for Summary Judgment Amended Motion [sic], filed June 30, 2010 (Doc. 87). The Court held a hearing on August 30, 2010. The primary issues are: whether Plaintiff...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on Dentsply/TDP's Motion to Set Aside the UPA Verdict and Enter Judgment as a Matter of Law or Order a New Trial, filed February 10, 2010 (Doc. 503). The Court held a hearing on March 22, 23, and 24, 2010. The primary issues are: (i) whether Defendants Dentsply International, Inc. and Tulsa Dental Products, LLC ("TDP") properly preserved the errors that they allege underlie this motion; (ii)...
MEMORANDUM OPINION AND ORDER MARTHA VAZQUEZ, District Judge. THIS MATTER comes before the Court on Plaintiffs' Renewed Motion and Memorandum Brief in Support of Partial Summary Judgment as to Volume I of the Albuquerque Energy Conservation Code: Commercial Covered Products (Doc. No. 89, filed September 4, 2009) ("Volume I Motion"), Plaintiffs' Renewed Motion and Memorandum in Support for Partial Summary Judgment on Portions of Volume II (Doc. No. 90, filed September 4, 2009) ("Volume II...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendants' Motion for Partial Dismissal of First Amended Complaint, filed February 24, 2010 (Doc. 63). The Court held a hearing on August 23, 2010. The primary issues are: (i) whether Plaintiff Karen Bates exhausted her administrative remedies for her claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e to 2000e-17 and the New Mexico Human Rights Act, NMSA 1978,...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendants' Motion to Compel Discovery and Supporting Memorandum, filed May 21, 2009 (Doc. 20)("Motion to Compel"). The Court held a hearing on September 27, 2010. The primary issues are: (i) whether the Court should compel the Plaintiffs to amend their answers to Defendants' First Set of Interrogatories; and (ii) whether the Court should compel the Plaintiffs to further produce...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendant's Sentencing Memorandum, filed November 23, 2010 (Doc. 18). The Court held a sentencing hearing on November 29, 2010. The primary issue is whether the Court should grant Defendant Guillermo Camarena-Casillas' request for a variance because his criminal history is over-represented in the Presentence Investigation Report, disclosed October 22, 2010 ("PSR"), and sentence him to a...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Plaintiffs' Motion for Clarification of Judgment Pursuant to F.R.C.P. 59(e), filed April 28, 2010 (Doc. 101)("Motion"). The Court held a hearing on December 3, 2010. The primary issue is whether the Court should clarify that, in its Memorandum Opinion, filed April 15, 2010 (Doc. 99)("Memorandum Opinion"), it did not reach the question whether the statute of limitations on the Plaintiffs'...
MEMORANDUM OPINION AND ORDER JAMES O. BROWING, District Judge. THIS MATTER comes before the Court on the Report of the Guardian ad Litem, filed December 17, 2010 (Doc. 282)("Report"). The Court held a hearing on December 20, 2010. The primary issue is whether the proposed settlement is adequate and promotes Orlando Salas' best interest. Because the Court finds that the proposed settlement is adequate and promotes O. Salas' best interests, the Court will approve the proposed settlement....
MEMORANDUM OPINION AND ORDER DENYING RECONSIDERATION JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) the Plaintiff's Objections to: 1. The Scheduling Order and Discovery Plan Provisions Filed May 21, 2010 (D 103)- and 2. To the Clerk's Minutes Filed on May 20, 2010 (D 99) with Brief in Support and Exhibits, filed June 2, 2010 (Doc. 107)("First Objections"); and (ii) the Plaintiff's Further Objections to: Oral Rulings at Rule 16 Conference and Also Court's...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Court's Memorandum Opinion and Order, filed March 30, 2010 (Doc. 81)("MOO"). The MOO held that Plaintiff Patricia Martinez failed to state a viable claim against Defendants Paul Wiest and Jean Smith. See MOO at 48 ("[P. Martinez] does not state a claim that this Court can entertain against Judge Whitefield, Smith, or Wiest."). Because the MOO dismissed all claims against them, the...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) the Defendant's Motion to Dismiss Plaintiffs' State Law Claims Under Rules 12(b)(1) and 12(b)(6) and Supporting Memorandum, filed July 16, 2010 (Doc. 8)("Motion to Dismiss"); and (ii) the Defendant's Motion to Dismiss Plaintiff Nhan Nguyen's New Mexico Human Rights Act Claim Under Rules 12(b)(1) and 12(b)(6) and Supporting Memorandum, filed July 27, 2010 (Doc. 9)("NMHRA Motion to...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendant's Sentencing Memorandum, filed September 15, 2009 (Doc. 17). The primary issue is whether the Court should impose a sentence of 27 months. Because the sentence is at the low end of the guideline range, because the sentence reflects fully and effectively all of the factors set forth in 18 U.S.C. 3553(a), and because both parties agree to the sentence, the Court sentences...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) the Letter from Willis J. Yazzie to the Court (dated November 8, 2010), received November 12, 2010, filed November 12, 2010 (Doc. 25); and (ii) the Defendant's Motion to Dismiss Attorney, filed November 15, 2010 (Doc. 26). The Court held a hearing on December 16, 2010. The primary issue is whether the Court should replace Defendant Willis Yazzie's current attorney, James Loonam,...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) the Letter from Donald D. Vigil to the Court (dated December 2, 2010), filed December 2, 2010 (Doc. 29); (ii) the Letter from Donald D. Vigil to the Court (dated December 14, 2010), filed December 14, 2010 (Doc. 30); and (iii) the Letter from Jack M. Englert, Jr. to the Court (dated December 14, 2010), filed December 14, 2010 (Doc. 31). The Court held a status conference and hearing on...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) the Defendant's Motion for Downward Departure from the Guideline Sentencing Range, filed July 30, 2010 (Doc. 46); and (ii) the Defendant's Supplement to Motion for Departure from Sentencing Guideline Range and Motion for Variance, filed November 1, 2010 (Doc. 51). The Court `held a hearing on November 12, 2010. The primary issues are: (i) whether the Court should depart downward...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on Plaintiff Biomoda, Inc.'s Motion for Summary Judgment on Compensatory Damages Against Defendants John W. Kearns and Alvin D. Robins, filed November 25, 2009 (Doc. 132) ("Motion"). The Court held hearings on August 4, 2010 and November 12, 2010. The primary issues are: (i) whether the Court should treat pro se Defendant Alvin D. Robins' Response by Alvin Robins to Biomoda, Inc.'s Motion for...
MEMORANDUM OPINION AND ORDER M. CHRISTINA ARMIJO, District Judge. This case is before the Court upon Plaintiff, Bruce Porcell's (Porcell's), Motion for Class Certification. [Doc. 104]. The Court has considered the parties' written submissions, the evidence offered in support of and in opposition to the instant motion, the applicable law, and is otherwise fully informed in the premises. For the reasons that follow, the Court denies Porcell's Motion for Class Certification. BACKGROUND...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on Defendant Jerry L. Padilla, III's Opposed Motion to Modify Conditions of Release, filed November 1, 2010 (Doc. 81)("Motion"). The Court held a hearing on November 12, 2010. The primary issue is whether the Court should modify Defendant Padilla III's conditions of release by removing his electronic monitoring, and by allowing him to travel in New Mexico, Arizona, Nevada, and Colorado to...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on Vanguard's Motion for Summary Judgment, filed October 8, 2010 (Doc. 134) ("Motion"). The Court held a hearing on November 8, 2010. The primary issues are: (i) whether Plaintiff Christine Clayton has established a genuine question of material fact whether she was discriminated against on the basis of her gender in violation of Title VII, 42 U.S.C. 2000e-2 and the New Mexico Human Rights...
