FINAL JUDGMENT JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on: (i) the Rule 41(a)(1)(A)(ii) Stipulation of Dismissal with Prejudice of all Claims Against Defendants Officer Troy D. Brackeen, Officer Zakariah T. Dale, and Officer Ruben Gastelum, filed November 26, 2019 (Doc. 49)("Stipulation"); and (ii) the Stipulated Order Granting Unopposed Motion to Dismiss All Plaintiffs' Claims Against the City of Hobbs with Prejudice, filed December 9, 2019 (Doc. 52)("...
MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION KIRTAN KHALSA , Magistrate Judge . THIS MATTER comes before the Court on Petitioner's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. 420), and Memorandum in Support (Doc. 421), both filed on January 22, 2018. Respondent the United States of America ("the Government") responded in opposition to the motion on May 18, 2018 (Doc. 441), and Defendant filed a reply in...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT, AND DENYING PLAINTIFFS' MOTION TO AMEND COMPLAINT Steven C. Yarbrough , UNITED STATES MAGISTRATE JUDGE , Presiding by consent. This Opinion addresses Plaintiffs'/Counter-Defendants' Motion for Partial Summary Judgment for UM Benefits (Doc. 13), filed May 24, 2019; Defendant's/Counter-Plaintiff's Cross-Motion for Summary Judgment (Doc. 17), filed June 12, 2019;...
MEMORANDUM OPINION AND ORDER JAMES A. PARKER , Senior District Judge . In their MOTION TO CONSOLIDATE AND STAY (Doc. 12), filed September 26, 2019, Defendants Jag Transportation, Inc. and Elisara Taito seek to consolidate this case (" Conway ") under Rule 42 of the Federal Rules of Civil Procedure with another case pending before the Court, Joycelynn Bahe et al. v. Jag Transportation, Inc. et al., Civ. No. 1:19-cv-00218 JB/GBW (" Bahe "). Doc. 12. at 1. Defendants have filed a motion...
FINAL JUDGMENT JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on the Court's Memorandum Opinion and Order Adopting the Magistrate Judge's Proposed Findings and Recommended Disposition, filed December 31, 2019 (Doc. 27)("MOO"). The MOO grants the Plaintiff's Motion to Reverse or Remand the Administrative Decision, filed May 20, 2019 (Doc. 16). See MOO at 9. In the MOO, the Court adopts the Magistrate Judge's Proposed Findings and Recommended Disposition, filed...
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 Magistrate Judge's Proposed Findings and Recommended Disposition, filed December 5, 2019 (Doc. 26)("PFRD"). The PFRD notifies the parties that they have the ability to file objections and that failure to do so waives appellate review. See PFRD at 17. Objections were due by December 19, 2019. See PFRD...
FINAL JUDGMENT JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on the Notice of Voluntary Dismissal, filed November 13, 2019 (Doc. 31) ("Notice"). In the Notice, the parties stipulate and voluntarily agree to dismiss the case in accordance with rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. See Notice at 1. Pursuant to rule 58(a) of the Federal Rules of Civil Procedure, and consistent with the Notice, the Court now enters Final Judgment in this...
FINAL JUDGMENT JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on: (i) the Stipulated Notice of Dismissal with Prejudice, filed November 12, 2018 (Doc. 71) ("First Stipulation"); (ii) the Order, filed March 21, 2019 (Doc. 94) ("March 21 Order"); (iii) the Order, filed September 18, 2019 (Doc. 95) ("Sept. 18 Order"); (iv) the Order on Motion for Summary Judgment on Punitive Damages Claims Against Defendants Correct Care Solutions, L.L.C., Timothy McMurray, M.D.,...
FINAL JUDGMENT JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on: (i) Default Judgment against Real Estate Law Center, filed June 11, 2018 (Doc. 75) ("RELC Default Judgment"); (ii) Memorandum Opinion and Order Adopting the Magistrate Judge's Proposed Findings and Recommended Disposition, filed January 18, 2019 (Doc. 106) ("PFRD"); (iii) Memorandum Opinion and Order, filed July 2, 2019 (Doc. 183) ("MSJ MOO"); and (iv) Findings of Fact and Conclusions of Law, filed...
MEMORANDUM OPINION AND ORDER James O. Browning , UNITED STATES DISTRICT JUDGE . THIS MATTER comes before the Court on the Defendant Chad T-W Pratt's Brief in Support of Motion to Dismiss for Improper Venue and/or In The Alternative Transfer to Los Angeles, filed, March 14, 2019 (Doc.113) ("Motion"). The Court held a hearing on May 28, 2019. The primary issues are: (i) whether venue is proper in the United States District Court for the District of New Mexico, under 28 U.S.C. 1391(b)(2),...
MEMORANDUM OPINION AND ORDER James O. Browning , UNITED STATES DISTRICT JUDGE . THIS MATTER comes before the Court on the bench trial held on July 8, 2019, to July 11, 2019. The primary issues are: (i) whether the Defendants Real Estate Law Center, P.C., Erikson M. Davis, and Chad T. Pratt violated the Mortgage Assistance Relief Services ("MARS") Rule, 12 C.F.R. 1015 "Regulation O"; 1 (ii) Real Estate Law, Mr. Davis, and Mr. Pratt, violated the New Mexico Mortgage Foreclosure...
FINAL JUDGMENT JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on the Joint Status Report, filed December 19, 2019 (Doc. 20) ("Report"). In the Report, the parties notified the Court that all claims have been fully arbitrated and decided. See Report at 1. The parties "respectfully request that this Court dismiss this matter with prejudice." Report at 1. With no more issues, parties, or claims before the Court, the Court dismisses this case with prejudice and...
FINAL JUDGMENT JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on its Order, filed December 31, 2019 (Doc. 45). In the Order, the Court: (i) dismisses with prejudice all of Plaintiff JMD Construction Services, LLC's claims against Defendant Edgar Flores Construction, Inc., see Order at 2; (ii) dismisses with prejudice all of Edgar Flores Construction's claims "against any and all parties to this lawsuit," Order at 1; (iii) dismisses Third Party Defendants KW AQE,...
STIPULATED ORDER ON PLAINTIFF'S MOTION TO COMPEL INTERROGATORY ANSWERS AND PRODUCTION BY DEFENDANT NATIONAL SPECIALTY INSURANCE COMPANY CARMEN E. GARZA , Chief Magistrate Judge . THIS MATTER is before the Court on stipulation of Plaintiff and Defendant National Specialty Insurance Company ("NSIC") to address Plaintiff's Motion to Compel Interrogatory Answers and Production by Defendant National Specialty Insurance Company ("Motion to Compel"), (Doc. 82), filed December 16, 2019. The...
AMENDED ORDER FOR JOINT STATUS REPORT AND SETTING TELEPHONIC STATUS CONFERENCE CARMEN E. GARZA , Chief Magistrate Judge . THIS MATTER is before the Court upon review of the record. Pursuant to the Court's Order Adopting Joint Proposed Discovery Plan, (Doc. 32), filed September 4, 2019, notice-related discovery is scheduled to be completed on December 3, 2019. IT IS THEREFORE ORDERED that the parties shall submit a Joint Status Report no later than January 3, 2020, outlining the...
ORDER RESETTING TELEPHONIC STATUS CONFERENCE CARMEN E. GARZA , Chief Magistrate Judge . THIS MATTER is before the Court sua sponte. IT IS HEREBY ORDERED that a status conference will be held by telephone on January 14, 2020, at 2:00 p.m. Parties shall call Judge Garza's AT&T Teleconference line at (877) 810-9415, follow the prompts, and enter the Access Code 7467959, to be connected to the proceedings.
ORDER GRANTING PLAINTIFF'S FIRST MOTION FOR AN EXTENSION OF TIME TO FILE MOTION TO REVERSE AND/OR REMAND CARMEN E. GARZA , Chief Magistrate Judge . THIS MATTER is before the Court on Plaintiff Gene Carrillo's Unopposed First Motion for an Extension of Time to File Plaintiff's Motion to Reverse and/or Remand, (the "Motion") (Doc. 20), filed December 30, 2019. Having reviewed the Motion and being otherwise fully advised, the Court finds the Motion is well-taken and shall be GRANTED....
ORDER FOR EXTENSION KEVIN R. SWEAZEA , Magistrate Judge . Upon consideration of Defendant's Unopposed Motion for an Extension of Time (Doc. 25) to file a response to Plaintiff's Motion to Reverse and Remand to Agency for Rehearing with Supporting Memorandum (Doc. 24), the Court having reviewed the motion and being otherwise fully advised, FINDS that the motion is well taken and is GRANTED. IT IS THEREFORE ORDERED that Defendant shall have until February 4, 2020, to file a response, and...
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION GREGORY J. FOURATT , Magistrate Judge . THIS MATTER is before the Court upon Plaintiff Norma Jean Garza's "Motion to Reverse or Remand the Administrative Decision" [ECF 19] ("Motion"). The Motion is fully briefed. See ECFs 20 (Plaintiff's Supporting Memorandum), 24 (Commissioner's Response), 25 (Plaintiff's Reply). Having meticulously reviewed the entire record and the parties' briefing, the Court recommends that the Commissioner's final...
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION JERRY H. RITTER , Magistrate Judge . This matter comes before the Court on Plaintiff's Motion for Leave to File Second Amended Complaint, filed August 5, 2019. [Doc. 73]. On August 30, 2019, the Honorable Martha Vazquez designated United States Magistrate Judge Jerry H. Ritter to hear and determine the Motion pursuant to 28 U.S.C. 636(b)(1)(B), (b)(3); Fed. R. Civ. P. 72(b)(1). [Doc. 80]. Plaintiff seeks to name an additional defendant. [...
