ORDER GRANTING UNOPPOSED MOTION TO DISMISS WITH PREJUDICE THIS MATTER comes before the Court on the Unopposed Motion to Dismiss with Prejudice. The Court having considered said Motion, and being otherwise fully advised in the premises, finds that the Motion is well-taken and should be granted. IT IS THEREFORE, ORDERED, that the Motion is granted, and all claims and causes of action which have or could have been brought against Defendant are dismissed, with prejudice, with each party to bear...
MEMORANDUM OPINION AND ORDER JAMES A. PARKER, Senior District Judge. On November 7, 2014, Defendant ATA Services, Inc. filed a MOTION TO DISMISS PLAINTIFF'S COMPLAINT FOR WRONGFUL TERMINATION AND SEXUAL HARASSMENT (Doc. No. 4) (Motion to Dismiss). Plaintiff Geraldine Farley did not respond within the time allowed by this District's local rules and therefore is deemed to have consented to granting the Motion to Dismiss. D.N.M.LR-Civ. 7.1(b), 7.4(a). 1 On December 15, 2014, Defendant filed a...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS ON COUNT I OF PLAINTIFFS' SECOND AMENDED COMPLAINT WILLIAM P. JOHNSON, District Judge. THIS MATTER comes before the Court on Defendant's Motion for Judgment on the Pleadings on Count I of Plaintiffs' Second Amended Complaint, filed September 16, 2014 (Doc. 62). Having reviewed the parties' pleadings and having researched the applicable law, the Court finds that Defendant's motion is well-taken and,...
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: (i) the Magistrate Judge's Proposed Findings and Recommended Disposition, filed December 2, 2014 (Doc. 42)("PFRD"); (ii) the Defendants Sandra Hopkins and Rose Keaton's 12(b)(6) Motion to Dismiss Plaintiff's Prisoner's Civil Rights Complaint, filed August 8, 2014 (Doc. 15)("MTD 1"); (iii) the Defendants' Motion...
MEMORANDUM OPINION AND ORDER C. LeROY HANSEN, Senior District Judge. THIS MATTER is before the Court on Defendants Dakota R. Moore, Jerrod Pelot, and Mizel Garcia's Motion for Summary Judgment. (ECF No. 11) Defendants Moore, Pelot, and Garcia contend that they are entitled to qualified immunity on all claims raised by Plaintiffs in this case. The Court, having considered the motion, briefs, evidence in the record, relevant law, and otherwise being fully advised, concludes that the motion is...
ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) Defendant Albuquerque Police Department's Motion to Dismiss Plaintiff's Claims Against the Albuquerque Police Department, filed April 7, 2014 (Doc. 17); and (ii) Defendant City of Albuquerque's Motion and Memorandum to Dismiss Plaintiff's Municipal Liability Claims Against City of Albuquerque, filed April 7, 2014 (Doc. 18). The Court held a hearing on October 28, 2014. In a Memorandum Opinion and Order,...
MEMORANDUM OPINION AND ORDER KAREN B. MOLZEN, Magistrate Judge. THIS MATTER comes before the Court on Plaintiff's Motion to Reverse or Remand Administrative Agency Decision ( Doc. 17 ) filed on May 5, 2014, and fully briefed July 21, 2014. Pursuant to 28 U.S.C. 636(c) and Fed. R. Civ. P. 73(b), the parties have consented to me serving as the presiding judge and entering final judgment. Doc. 8. Having carefully reviewed the parties' submissions and the administrative record, the Court...
MEMORANDUM OPINION AND ORDER JUDITH C. HERRERA, District Judge. This Matter comes before the Court on the following motions: Defendant Joshua Campos's Motion for Summary Judgment (ECF No. 45); Defendant Bernalillo County Sherriff's Department's ("BCSD") Motion for Summary Judgment (ECF No. 46); and Defendants' Motion for Summary Judgment based on Plaintiff's Discovery Abuses (ECF No. 48). The Court, having considered the motions, briefs, evidence, applicable law, and otherwise being fully...
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFFS' MOTION TO DISMISS PRELIMINARY INJUNCTION WILLIAM P. JOHNSON, District Judge. THIS MATTER comes before the Court upon Plaintiffs' Motion to Dismiss Preliminary Injunction, filed November 12, 2014 (Doc. 128) . Having reviewed the parties' briefs and applicable law, the Court finds that Plaintiffs' motion is not well-taken and, accordingly, is DENIED. On September 12, 2014, the Court entered a Preliminary Injunction Order ordering Defendants...
ORDER ON REMAND M. CHRISTINA ARMIJO, Chief District Judge. This matter is before the Court upon the Mandate of the Tenth Circuit Court of Appeals entered in United States v. Yepa, No. 13-2149 (August 7, 2014). The Court conducted an evidentiary hearing on September 15-16, 2014. The Court has considered the record in this case; the evidence tendered by the parties at the evidentiary hearing; the briefs of the parties; and the applicable law, including the Order and Judgment of the Court of...
ORDER KENNETH GONZALES, District Judge. THIS MATTER comes before the Court on the Proposed Findings and Recommended Disposition regarding Defendant's Summary Judgment Motion, Supplemental Summary Judgment Motion, and Daubert Motion to Exclude Causation Testimony of Plaintiffs' Non-Retained Experts. (Doc. 75). The Court granted the parties stipulation to extend time for Plaintiffs to file objections to the Magistrate Judge's Proposed Findings and Recommended Disposition to and including...
MEMORANDUM OPINION AND ORDER DENYING MOTIONS FOR EXTENSION OF TIME AND MODIFICATION OF CASE MANAGEMENT ORDER WIILIAM P. JOHNSON, District Judge. THIS MATTER comes before the Court on the Dunn Group Defendant-Objectors Motion for Extension of Time and Modification of Case Management Order (Doc. 9915, filed November 8, 2014) and the Atencio Group Defendant-Objectors Motion for Extension of Time and Modification of Case Management Order (Doc. 9916, filed November 10, 2014). For the reasons...
MEMORANDUM OPINION AND ORDER KENNETH J. GONZALES, District Judge. This matter comes before the Court on Defendant Debt Management Partners' (DMP) Motion to Dismiss Defendant Debt Management Partners, LLC, for Lack of Personal Jurisdiction (Motion to Dismiss), filed April 29, 2013. (Doc. 12). On May 20, 2013, Plaintiffs filed a response in opposition, and on June 10, 2013, Defendant DMP filed its reply. (Docs. 17 and 18). Having reviewed the Motion to Dismiss, the response, and the reply, the...
MEMORANDUM OPINION AND ORDER MARTHA VAZQUEZ , District Judge . THIS MATTER comes before the Court on Plaintiff's Motion for Summary Judgment [Doc. 23]. The Court, having considered the motion, briefs, relevant law, and being otherwise fully informed, finds that the Plaintiff's Motion is well-taken and will be GRANTED. PROCEDURAL BACKGROUND This Motion comes as the latest in a case plagued by procedural and formal irregularities, each apparently stemming from the dual impediments...
MEMORANDUM OPINION AND ORDER JUDITH C. HERRERA, District Judge. This matter comes before the Court on Defendant Charter Bank's and Beal Financial Corporation's ("Beal") Motion to Lift Stay and Enter Judgment in their Favor (ECF No. 76); on Defendant Little & Dranttel, P.C.'s ("Little") Notice of Order (ECF No. 75); and on Defendant U.S. Bank Home Mortgage's ("U.S. Bank") Notice of Completion of Parallel State Court Action (ECF No. 80), in which it expressly moved to renew its prior...
MEMORANDUM OPINION AND ORDER MARTHA V ZQUEZ , District Judge . THIS MATTER comes before the Court on Defendant Erik Samuel Parra Arambula's ("Parra") Motion to Compel Specific Discovery [Doc. 64]. The Court, having considered the Motion, briefs, relevant law, and being otherwise fully informed, finds that the Motion is not well-taken and therefore will be denied. BACKGROUND On November 5, 2013, Task Force Officer ("TFO") "Travis Chavez obtained a New Mexico Order" which permitted him...
MEMORANDUM OPINION AND ORDER MARTHA VAZQUEZ , District Judge . THIS MATTER comes before the Court on Defendant Muhnad Alshammari's Motion for an Order Compelling Specific Discovery [Doc. 81], in which his two co-defendants join [Docs. 82-83]. The government responded [Doc. 85] and Alshammari filed a reply [Doc. 86] in which his co-defendants joined [Docs. 87-88]. The Court, having considered the Motion, briefs, relevant law, and being otherwise fully informed, finds that the Motion is...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) the Objection to & Appeal of the Special Master's Report of Carl Reazin, Class Member, filed April 3, 2014 (Doc. 161)("Reazin Objection"); (ii) the Notice of Appeal of Carl Reazin, filed April 7, 2014 (Doc. 162)("Reazin Appeal"); (iii) the Notice of Appeal of Joel Marks, filed April 7, 2014 (Doc. 163)("Marks Appeal"); (iv) the Notice of Appeal of Donna Snyder, filed April 7, 2014 (Doc....
ORDER SETTING SETTLEMENT CONFERENCE STEPHAN M. VIDMAR, Magistrate Judge. THIS MATTER is before the Court pursuant to an order appointing as mediator the Honorable Stephan M. Vidmar, United States Magistrate Judge. [Doc. 51]. To facilitate a final disposition of this case, a mandatory Settlement Conference will be conducted in accordance with Rule 16(a)(5) of the Federal Rules of Civil Procedure. The conference will be held on January 29, 2015, at 9:00 a.m. in the Pecos Courtroom, Third...
ORDER DENYING MOTION FOR NEW TRIAL WILLIAM P. LYNCH, Magistrate Judge. On November 12, 2014, after a non-jury trial, Defendant Robert Zitterman was found guilty of three violations committed in the Lincoln National Forest on April 14 and 15, 2014: leaving a fire without extinguishing it, maintaining a camp fire, and occupying federal land. Zitterman has filed a document that the Court has construed as a motion for new trial, and that motion has been referred to me for resolution. (Doc. 4.)...
