MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Plaintiff's Motion for Remand, filed July 24, 2013 (Doc. 10)("Motion to Remand"). The Court held a hearing on November 14, 2013. The primary issues are: (i) whether Defendant Safeway Insurance Company has established that Plaintiff Betty Ullman's claims exceed the jurisdictional minimum for conventional diversity jurisdiction; (ii) whether Ullman fraudulently joined nondiverse Defendant...
MEMORANDUM OPINION 1 JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) the Plaintiffs' Motion to Certify Question of Law to the New Mexico Supreme Court, filed June 29, 2012 (Case No. CIV 12-0039 Doc. 37); and (ii) the Plaintiffs' Motion to Certify Question of Law to the New Mexico Supreme Court, filed June 29, 2012 (Case No. CIV 12-0040 Doc. 52) (collectively "Motions to Certify"). The Plaintiffs named in the First Amended Complaint for Underpayment for Oil and...
ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Motion to Continue Defendant Denny's Inc. Summary Judgement[sic] Hearing, filed January 29, 2013 (Doc. 60). The Court held a hearing on February 8, 2013. The Court will deny the motion. IT IS ORDERED that the Motion to Continue Defendant Denny's Inc. Summary Judgement[sic] Hearing, filed January 29, 2013 (Doc. 60), is denied. 1 FootNotes 1. This Order disposes of the motion. The Court will, however, at...
ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) the Plaintiff's, Mike Faris Auto Sales, Mike Faris d/b/a/Mike Faris Auto Wholesale Ltd., Motion to Remand, filed February 5, 2013 (Doc. 23)("Motion to Remand"); and (ii) the Plaintiff's Stipulation of Fact, filed September 27, 2013 (Doc. 38). The Court held a hearing on September 23, 2013. The Plaintiffs having stipulated that they will not seek recovery in excess of the jurisdictional amount under 28 U.S.C....
MEMORANDUM OPINION AND ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT RECOMMENDING DENIAL OF DEFENDANT BATES' MOTION TO DISMISS AS MOOT JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Magistrate Judge's Report Recommending Denial of Defendant Bates' Motion to Dismiss as Moot, filed June 27, 2013 (Doc. 41)("RR"). Defendant Karen Bates objected pursuant 28 U.S.C. 636(b)(1), see Defendant Bates' Written Objections to Findings and Recommendations (Doc. 41), filed...
ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendant Regina Chacon's Motion for Summary Judgment (Qualified Immunity), filed September 28, 2012 (Doc. 22). The Court held a hearing on May 20, 2013. The Court will grant the motion. IT IS ORDERED that the Defendant Regina Chacon's Motion for Summary Judgment (Qualified Immunity), filed September 28, 2012 (Doc. 22), is granted. 1 FootNotes 1. This Order disposes of the motion. The Court will,...
ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Plaintiffs' Motion for Class Certification, filed January 4, 2013 (Doc. 30). The Court will deny the motion without prejudice for renewal without any further briefing on the matter. To renew, the Plaintiffs may simply file a notice of reinstatement, and indicate whether they want the old briefing considered or want new briefing considered. IT IS ORDERED that the Plaintiffs' Motion for Class Certification,...
ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Motion for Summary Judgment of Denny's, Inc., filed October 26, 2012 (Doc. 40). The Court held a hearing on February 8, 2013. The Court will grant the motion in part and deny it in part. IT IS ORDERED that the Motion for Summary Judgment of Denny's, Inc., filed October 26, 2012 (Doc. 40), is granted in part and denied in part. 1 FootNotes 1. This Order disposes of the motion. The Court will, however,...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Plaintiff's Motion to Remand and Alternative Request for Jurisdictional Discovery, filed September 26, 2012 (Doc. 12)("Motion to Remand"). The Court conducted a hearing on November 29, 2012. The primary issues are: (i) whether Defendant Menlo Logistics, Inc.'s Notice of Removal to the United States District Court for the District of New Mexico, filed August 27, 2012 (Doc. 1) ("Notice of...
MEMORANDUM OPINION AND ORDER ADOPTING THE MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Plaintiff's Motion to Remand or Reverse, filed September 28, 2012 (Doc. 19) ("Motion to Remand or Reverse"). In that motion, Plaintiff Mary Ann Perez argues that the Administrative Law Judge ("ALJ") erred by failing to consider her mental impairments in his residual functional capacity ("RFC") determination....
MEMORANDUM OPINION AND ORDER DENYING MOTION TO STRIKE JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Plaintiff's Motion to Strike Reply to Plaintiff's Response to Objections (Doc. #28), filed September 3, 2013 (Doc. 29)("Motion to Strike"). On September 4, 2013, the Defendant filed its Response in Opposition to Plaintiff's Motion to Strike Document 28. See Doc. 30. Having considered the parties' submissions, and being otherwise fully advised in the premises,...
MEMORANDUM OPINION AND ORDER REGARDING THE MAGISTRATE JUDGE'S REPORT AND RECMMENDATION JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Magistrate Judge's Report and Recommendation, filed July 30, 2013 (Doc. 25) ("R&R"), regarding the Plaintiff's Motion to Reverse or Remand Administrative Agency Decision, filed May 24, 2012 (Doc. 20) ("Motion to Reverse"), and his Memorandum in Support of Motion to Reverse or Remand Administrative Agency Decision, filed May 24,...
MEMORANDUM OPINION AND ORDER ADOPTING THE MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION AND DENYING THE PLAINTIFF'S MOTIONS TO AMEND (DOC. 68 AND 76) JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition, filed September 19, 2013 (Doc. 85) ("PFRD"), which recommends denying: (i) Plaintiff Francisco S. Archuleta's Pro Se Motion for Leave to File Second Amended Complaint Pursuant To Rule...
ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendants' Rule 50(b) Motion, and Memorandum in Support, Requesting for the Judgment on the Jury Verdict to Stand; to Find Defendants Have Qualified Immunity; and to Enter Judgment as a Matter of Law in Favor of Defendants, filed July 26, 2012 (Doc. 201). The Court will grant the motion in part and deny it in part. IT IS ORDERED that the Defendants' Rule 50(b) Motion Requesting for the Judgment on the Jury...
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS WILLIAM P. JOHNSON, District Judge. THIS MATTER comes before the Court on Defendants' Motion to Dismiss, (Doc. No. 5), 1 filed July 16, 2012. Having considered the parties' briefs and the applicable law, the Court finds that Defendants' motion is partially well-taken and is therefore GRANTED in part and DENIED in part. Background This case arises out of a Ponzi scheme perpetrated by Doug...
STIPULATED PROTECTIVE ORDER LOURDES A. MARTINEZ, Magistrate Judge. THIS MATTER is before the Court on the Parties' Stipulated Motion for Protective Order (Doc. 39), filed December 17, 2013. IT IS HEREBY STIPULATED by and between Plaintiff Sonya Angel and Defendants New Mexico Corrections Department, Probation and Parole, the State of New Mexico and Robert Martinez, (collectively referred to as the Parties), through their respective attorneys of record, as follows: WHEREAS,...
MEMORANDUM OPINION 1 JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on KPMG LLP's Motion to Intervene, filed January 18, 2013 (Doc. 125)("Motion to Intervene"). The Court held a hearing on February 11, 2013. The primary issue is whether the Court should permit Klynveld, Peat, Marwick, Goerdeler LLP ("KPMG") to intervene in this suit under rule 24 of the Federal Rules of Civil Procedure. The Court will grant the Motion to Intervene, because KPMG has satisfied the...
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S MOTION TO STRIKE JURY DEMAND JOHNSON, District Judge. THIS MATTER comes before the Court upon Plaintiff's Motion to Strike Jury Demand filed August 13, 2013 (Doc. No. 16). Having considered the parties' briefs and the applicable law, the Court finds that Plaintiff's motion is well-taken and, therefore, is GRANTED 1 . Background This matter arises out of a dispute regarding overtime pay and minimum wages. There have been a number of...
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' MOTION TO REMAND TO STATE COURT WILLIAM P. JOHNSON, District Judge. THIS MATTER comes before the Court upon Plaintiffs' Motion for Remand of Removed State Case and Brief in Support of Motion filed October 17, 2013 (Doc. No. 6). Having considered the parties' briefs and the applicable law, the Court finds that Plaintiffs' motion is well-taken and, therefore, is GRANTED. Background Plaintiffs originally filed this suit in the First Judicial...
ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the State of New Mexico's Motion to Remand, filed January 14, 2013 (Doc. 29)("Motion to Remand"). The Court held a hearing on June 21, 2013. The Court will grant the Motion to Remand. IT IS ORDERED that the State of New Mexico's Motion to Remand, filed January 14, 2013 (Doc. 29)("Motion to Remand"), is granted. 1 FootNotes 1. This Order disposes of the motion. The Court will, however, at a later date issue...
