MEMORANDUM OPINION AND ORDER GRANTING MOTION TO REMAND ROBERT C. BRACK, District Judge. THIS MATTER is before the Court on Plaintiff's Motion To Remand, filed October 25, 2011. See Doc. 11. Briefing is complete and no hearing is necessary before ruling on the matter. Defendant Anthony Garcia mixed semen with yogurt and served it to Plaintiff as a grocery store sample. Plaintiff brought suit in state court against Garcia, as well as the corporation that operates the store, Sunflower...
MEMORANDUM OPINION AND ORDER DENYING THIRD-PARTY PLAINTIFF'S MOTION TO REMAND WILLIAM P. JOHNSON, District Judge. THIS MATTER comes before the Court on Third-Party Plaintiff's Motion to Remand ( doc. 10 ), filed September 28. The Court finds that the motion is not well taken, and it DENIES the motion for the reasons herein stated. BACKGROUND Third-Party Plaintiff Melba Rivera ("Rivera") brought a personal-injury suit in state court in 2008 against Defendants Fast Eddie's et al. ("Fast...
TEMPORARY RESTRAINING ORDER WILLIAM P. JOHNSON, District Judge. THIS MATTER comes before the Court upon Plaintiff's Motions for a Temporary Restraining Order (Doc. 21), filed November 30, 2011. Plaintiff ("BASIS") seeks a Temporary Restraining Order ("TRO") prohibiting Defendant ("RIM") from using its long-established trademark "BBX" at an upcoming conference in Asia on December 7 and 8. Having considered the parties' briefs and the applicable law, I find that Plaintiff's motion is well-...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendants' Motion to Dismiss or, in the Alternative, to Transfer Venue, filed May 18, 2011 (Doc. 16)("Motion"). The Court held a hearing on July 27, 2011. The primary issue is whether, pursuant to the Miller Act, 40 U.S.C. 3131-3134, the United States District Court for the District of New Mexico is the proper venue for Plaintiff Brown Minneapolis Tank Co. ("BMT Co.") to bring this...
AMENDED MEMORANDUM OPINION AND ORDER 1 JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on pro se Plaintiff Patricia Martinez' (i) Objections to Record — Doc. 196 Order, filed November 23, 2011 (Doc. 201)("Objections to Record"); (ii) Objection to Denial of Motion for Stay of Proceedings — Doc. 196 — Emergency Response Requested by December 7, 2011 — Two Weeks, filed November 23, 2011 (Doc. 202)("Objection to Denial of Stay"); and (iii) Motion to Respond to Doc. 202 —...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on pro se Plaintiff Patricia Martinez' (i) Objections to Record — Doc. 196 Order, filed November 23, 2011 (Doc. 201)("Objections to Record"); (ii) Objection to Denial of Motion for Stay of Proceedings — Doc. 196 — Emergency Response Requested by December 7, 2011 — Two Weeks, filed November 23, 2011 (Doc. 202)("Objection to Denial of Stay"); and (iii) Motion to Respond to Doc. 202 — Objection...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendant's Sentencing Memorandum, filed October 7, 2011 (Doc. 62). The Court held a sentencing hearing on October 12, 2011. The primary issue is whether the Court should vary downward from Defendant Tyrus Begaye's advisory guideline sentence to a sentence of 151-months imprisonment. Because the Court believes that the circumstances surrounding Begaye's offense counsel in favor of a...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER came before the Court on: (i) Petitioner Otto Rousseau's Petition Under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody, April 26, 2011 (Doc. 1)("Complaint"); (ii) the Magistrate Judge's Proposed Findings and Recommended Disposition, filed November 14, 2011 (Doc. 18)("PFRD"); and (iii) Rousseau's Motion, Objections to Findings & Recommendation of Disposition, filed November 21, 2011 (Doc. 19)(...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendant's Sentencing Memorandum, filed September 27, 2011 (Doc. 24)("Sentencing Memorandum"). The Court held a sentencing hearing on October 5, 2011. The primary issues are: (i) whether the Court should sentence Defendant Juan Rodriguez at the low end of the advisory guideline range; (ii) whether the Court should impose a fine on Rodriguez; (iii) whether the Court should impose a term...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendants' Motion for Summary Judgment, filed August 18, 2011 (Doc. 44). The Court held a hearing on October 26, 2011. The primary issues are: (i) whether sovereign immunity prohibits Plaintiff Dolores Cordova's claim under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. 621 to 634; (ii) whether the just-cause findi ng of Administrative Law Judge ("ALJ") R. Scott...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) the Defendant's Sentencing Memorandum, filed July 15, 2011 (Doc. 47)("Largo Memorandum"); (ii) the Objection to Proposed Condition of Supervised Release, filed July 19, 2011 (Doc. 49)("Objection"); and (iii) the United States' Sentencing Memorandum, filed July 28, 2011 (Doc. 50)("U.S. Memorandum"). The Court held sentencing hearings on July 27, 2011 and November 30, 2011. The primary...
MEMORANDUM OPINION AND ORDER JAMES BROWNING, District Judge. THIS MATTER comes before the Court on the Defendant's Motion for Summary Judgment, filed August 5, 2011 (Doc. 22)("MSJ"). The Court held a hearing on November 30, 2011. The primary issues are: (i) whether Plaintiff Hermalinda Diaz has established a genuine issue of material fact on her claim of race discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e- to 2000e-17; (ii) whether Diaz has...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) the Defendant's Objection to the Pre-Sentence Report's Factual Inaccuracies and Offense Level Calculations, filed April 8, 2011 (Doc. 71)("Objections"); and (ii) Defendant Gloria Vigil's Notice of Joining Co-Defendant Ashley Gray's Challenge to the Federal Sentencing Guideline Manual's Marijuana Equivalency for Oxycodone, filed August 17, 2011 (Doc. 102)("Joinder"). The Court held an...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendant's Sentencing Memorandum, filed September 6, 2011 (Doc. 164)("Sentencing Memorandum"). The Court held a sentencing hearing on September 14, 2011. The primary issues are: (i) whether the Court should accept the agreed upon sentence in Defendant Jerry L. Padilla Jr.'s and Plaintiff United States of America's plea agreement under rule 11(c)(1)(C) of the Federal Rules of Criminal...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendant's Sentencing/Dispositive Memorandum, filed September 1, 2011 (Doc. 363)("Sentencing Memorandum"). The Court held a sentencing hearing on September 30, 2011. The primary issue is whether the Court should depart downward on Defendant Lorraine Martinez' sentence under U.S.S.G. 5H1.6 based on Martinez' family ties and responsibilities. Because the Court believes that the...
MEMORANDUM OPINION AND ORDER JOHN EDWARDS CONWAY, Senior District Judge. THIS MATTER comes before the Court on Plaintiffs' Motion and Supporting Memorandum to Remand to State Court (Doc. 8), filed June 21, 2011 ("Motion"). Having reviewed the pleadings, the governing authority and being otherwise fully informed, the Court finds that the Motion is well-taken and will be granted in part such that the case is remanded, and denied in part as to Plaintiffs' request for attorney's fees and...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Letter to the Court from Oladipo Alabi (dated December 5, 2011), filed December 7, 2011 (Doc. 16)("Letter"). The Court held a hearing on December 9, 2011. The primary issue is whether the Court should appoint new counsel to represent Defendant Oladipo Alabi. Because communication appears to have broken down between Alabi and his attorney, Mrs. Susan Dunleavy, the Court will grant the...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Plaintiff's Motion to Remand, filed October 4, 2011 (Doc. 10) ("Motion to Remand"). The Court held a hearing on December 5, 2011. The primary issues are: (i) whether the Court should remand the case for failure to timely remove the case; and (ii) whether the Court should remand the case for lack of subject-matter jurisdiction, because there are no federal claims in Plaintiff Rebecca A....
MEMORANDUM OPINION AND ORDER JAMES BROWNING, District Judge. THIS MATTER comes before the Court on the Defendant's Objections to the Pre-Sentence Report, filed August 2, 2011 (Doc. 38)("Objections"). The Court held a sentencing hearing on October 3, 2011. The primary issue is whether the Court should sustain Defendant Tayde Hernandez' Objections to the statements concerning his financial condition contained in the Presentence Investigation Report ("PSR"). Because the United States Probation...
MEMORANDUM OPINION AND ORDER JAMES BROWNING, District Judge. THIS MATTER comes before the Court on the Defendant's Sentencing Memorandum, filed September 13, 2011 (Doc. 31)("Sentencing Memorandum"). The Court held a sentencing hearing on September 15, 2011. The primary issue is whether Defendant Alton Tom should receive a sentence of 120 months, which would be at the low-end of the sentencing range to which the parties agreed. The Court will grant Tom's request a sentence at the low-end of...
