MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the FDIC/Receiver's Motion for Default Judgment and Summary Judgment, filed Mar. 26, 2012 (Doc. 32)("Summary Judgment Motion"). The Court held a hearing on August 1, 2012. The Primary issues are: (i) whether Plaintiff Federal Deposit Insurance Corporation, as Receiver for the Columbian Bank & Trust Company, has established that it is entitled to summary judgment because the undisputed facts...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) Letter from Defendants and Third-Party Defendants Hi-Land Potato Company, Inc. and Carl Worley to the Court (dated October 31, 2012), filed Oct. 31, 2012 (Doc. 318)("Letter"); and (ii) Plaintiff and Intervening Plaintiffs' Motion to Strike October 31, 2012 Letter Filed by Defendants and Third-Party Defendants Hi-Land Potato Company and Carl Worley, filed Nov. 7, 2012 (Doc. 319)("Motion...
MEMORANDUM OPINION AND ORDER PAUL KELLY, Jr., Circuit Judge. THIS MATTER comes on for consideration of Defendant James Williamson's Motion for Summary Judgment filed October 17, 2012. Doc. 33. Upon consideration thereof, the Defendant's motion is well taken and should be granted. Background On December 8, 2011, a New Mexico state judge issued the Bernalillo County Sheriff's Office ("BCSO") a warrant to search an Albuquerque residence for weapons, ammunition, and law enforcement tactical...
ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT OF CLASS CLAIMS AGAINST BP AMERICA PRODUCTION COMPANY, AND APPROVAL OF ISSUANCE OF NOTICE AND SCHEDULE FOR HEARING FOR FINAL APPROVAL OF SETTLEMENT W. DANIEL SCHNEIDER, Magistrate Judge. This Matter came before the Court on the Motion for Order of Preliminary Approval of Settlement of Class Claims against BP America Production Company, and approval of Issuance of Notice filed by Plaintiffs and Defendant BP America Production Company (`BP") (...
MEMORANDUM OPINION AND ORDER MARTHA V ZQUEZ, District Judge. THIS MATTER is before the Court on pro-se Plaintiff/Physician Chinonyerem Osuagwu's Motion for Summary Judgment, filed August 23, 2012 [Doc. 135] and on Defendants' cross-motion for summary judgment, filed in response [Doc. 160]. Plaintiff contends that the undisputed record, as set forth in part in my March 27, 2012 Memorandum Opinion and Order ("MOO") denying summary judgment to Gila Regional Medical Center, demonstrates...
MEMORANDUM OPINION AND ORDER JAMES O. BROWING, Magistrate Judge. THIS MATTER comes before the Court on the Defendants' Motion to Stay Discovery on the Basis of Qualified Immunity, filed Nov. 14, 2012 (Doc. 115)("Motion to Stay"). The Court held a hearing on November 19, 2012. The primary issues are: (i) whether, in light of the Defendants failure to file this Motion to Stay until after there has already been considerable discovery, the Court should stay discovery until it rules whether...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendant's Motion to Dismiss Complaint (Incorporating Authorities), filed April 27, 2012 (Doc. 7)("Motion to Dismiss"). The Court held a hearing on July 27, 2012. The primary issues are: (i) whether the Motion to Dismiss is premature as Plaintiff Ben Heyward has not been provided the identity of his critics in discovery; and (ii) whether the statements on which Heyward bases his...
MEMORANDUM OPINION AND ORDER MARTHA V ZQUEZ, District Judge. THIS MATTER comes before the Court on Defendants' Motion for New Trial on Damages or, in the Alternative, Remittitur [Doc. 120]. The Court, having considered the motion, briefs, relevant law and being otherwise fully informed, finds that the Motion is not well-taken and will be denied. BACKGROUND Plaintiff Stephen Slevin commenced the instant action on December 28, 2008. See Doc. 1 (Complaint). Plaintiff had been arrested on...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) the United States's Objection to the Presentence Report, filed Oct. 4, 2012 (Doc. 16)("USA Objections to PSR"); and (ii) the Defendant's Objections to Presentence Report, filed Nov. 6, 2012 (Doc. 23)("Defendant's Objections to PSR"). The Court held a sentencing hearing on December 13, 2012. The primary issues are: (i) whether, under the parties' Fast Track Plea Agreement, filed July 3,...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on Defendant Carl Romero's Objections to Presentence Report and Motion to Vacate Count 5, 18 U.S.C. 924(c)(1)(A)(C)(i) Firearm Count or in the Alternative Motion for Variance, filed Oct. 31, 2011 (Doc. 132)("Objections to PSR"). The Court held a sentencing hearing on November 10, 2011. The primary issues are whether: (i) the Court should strike 21-24 of the Presentence Report, disclosed...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) Defendants Hi-Land Potato Company Inc. and Carl Worley's Motion for Summary Judgment Against Skyline Potato Company, Inc. and the Folson Farm Group, filed August 8, 2012 (Doc. 250); and (ii) Plaintiff and Interviewing Plaintiffs' Joint Motion for Partial Summary Judgment and Incorporated Memorandum of Law, filed August 8, 2012 (Doc. 253). The Court held a hearing on September 27, 2012....
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Letter from Christian Berenice Guzman-Rios to the Court (dated Nov. 26, 2012), filed Nov. 26, 2012 (Doc. 22)("Motion"). The Court held a hearing on December 3, 2012. The primary issue is whether the Court should grant Defendant Christian Guzman-Rios' request for a change of attorney. For reasons stated on the record at the hearing, the Court grants Guzman-Rios' Motion. The Court will...
ORDER APPROVING SETTLEMENT WITH MINOR CHILD KAREN B. MOLZEN, Chief Magistrate Judge. This matter comes before the Court on a Joint Verified Motion to Approve Settlement with a Minor filed by Plaintiff Patricia Thames, on her own behalf and on the behalf of her minor child T.R., by and through her attorneys, the Kennedy Law Firm (Joseph Kennedy and Shannon Kennedy) and Garcia Ives Nowara (Molly Schmidt-Nowara), Defendant Board of Education of the Albuquerque Public Schools ("APS"), by and...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) the Plaintiffs' Motion for Final Approval of Proposed Settlement, Plan of Allocation and Certification of Class for Settlement Purposes, filed July 23, 2012 (Doc. 391)("Motion for Final Approval"); and (ii) Co-Lead Counsel's Motion for an Award of Attorneys' Fees and Expenses and Memorandum of Law in Support of Approval of Co-Lead Counsel's Motion for an Award of Attorneys' Fees and...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendant Aaron Romero's Appeal of Detention Order Pending Trial, filed Sept. 18, 2012 (Doc. 65)("Detention Appeal"). The Court held a hearing on October 18, 2012. The primary issue is whether the Court should vacate the Honorable Lorenzo F. Garcia's, United States Magistrate Judge's Detention Order Pending Trial, filed Aug. 10, 2012 (Doc. 34), and release Defendant Aaron Romero...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendant's Appeal of Detention Pending Trial, filed Sept. 26, 2012 (Doc. 28)("Detention Appeal"). The Court held a hearing on October 15, 2012. The primary issue is whether the Court should vacate the Honorable Lorenzo F. Garcia, United States Magistrate Judge's Detention Order Pending Trial, filed Aug. 28, 2012 (Doc. 21), and release Defendant David Solorio pre-trial on conditions....
MEMORANDUM OPINION AND ORDER MARTHA V ZQUEZ, District Judge. THIS MATTER is before the Court on Defendant David R. Martinez's Motion to Dismiss — Lack of Jurisdiction (Doc. 30). The Court has considered the motion, briefs, the parties' arguments, and the relevant law, and being otherwise fully informed, FINDS that the motion shall be DENIED for the reasons stated herein. BACKGROUND On August 23, 2011, Defendant was charged by indictment with the following crimes in Indian Country,...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendant's Motion in Limine, filed October 9, 2012 (Doc. 26)("MIL"). The Court held a hearing on October 31, 2012. The primary issue is whether the Court should exclude from evidence the written transcript of a video of the firearms transaction that took place between Defendant Robert Shane Williams and the undercover agent, which Williams anticipates Plaintiff United States of America...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) C. Barry Crutchfield's Motion to Withdraw as Counsel for Kelly Roach and for Appointment of Counsel, filed June 21, 2012 (Doc. 53)("Motion"); and (ii) the United States' Response to Defendant Kelly Roach's Motion to Withdraw as Counsel and Motion for Hearing on Conflict Waiver, filed July 5, 2012 (Doc. 62). The Honorable Gregory B. Wormuth, United States Magistrate Judge, granted in...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on Defendant Blue Cross and Blue Shield of Kansas City's Motion to Dismiss Plaintiff's First Amended Complaint with Prejudice, filed April 19, 2012 (Doc. 56)("MTD"). The Court held a hearing on May 31, 2012. The primary issues are: (i) whether the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001 to 1461 (2012)("ERISA") preempts some or all of Plaintiff Constance A. Sawyer's...
