ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION KENNETH J. GONZALES , District Judge . THIS MATTER is before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition [Doc. 26], issued on October 27, 2015. On reference by the undersigned, [Doc. 14], the Honorable Stephan M. Vidmar, United States Magistrate Judge, found that Plaintiff's Complaint [Doc. 1] failed to state a claim under to 42 U.S.C. 1983 and, thus, should be dismissed....
ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME FOR PLAINTIFFS TO FILE THEIR AMENDED COMPLAINT STEPHAN M. VIDMAR , Magistrate Judge . THIS MATTER having come before the Court on the Plaintiffs The Travelers Indemnity Company's, The Travelers Indemnity Company of America's and The Charter Oak Fire Insurance Company's Unopposed Motion for Extension of Time for Plaintiffs to file their Amended Complaint, and the Court having reviewed the Unopposed Motion and being otherwise informed on...
INITIAL SCHEDULING ORDER LOURDES A. MART NEZ , Magistrate Judge . This case is assigned to me for scheduling, case management, discovery and all non-dispositive motions. The Federal Rules of Civil Procedure, as amended, as well as the Local Rules of the Court apply to this lawsuit. Civility and professionalism will be required of counsel. Counsel should read "A Lawyer's Creed of Professionalism of the State Bar of New Mexico." The parties, appearing through counsel or pro se, will "...
SCHEDULING ORDER STEPHAN M. VIDMAR , Magistrate Judge . THIS MATTER is before the Court on a telephonic Rule 16 scheduling conference, held on December 10, 2015. The parties' Joint Status Report and Provisional Discovery Plan [Doc. 20] is adopted, except as modified below. In accordance with the Civil Justice Expense and Delay Reduction Plan adopted in compliance with the Civil Justice Reform Act, and pursuant to Title 28 U.S.C. 473(a)(1), this case is assigned to a " standard" (150-...
INITIAL SCHEDULING ORDER LOURDES A. MART NEZ , Magistrate Judge . This case is assigned to me for scheduling, case management, discovery and all non-dispositive motions. The Federal Rules of Civil Procedure, as amended, as well as the Local Rules of the Court apply to this lawsuit. Civility and professionalism will be required of counsel. Counsel should read "A Lawyer's Creed of Professionalism of the State Bar of New Mexico." The parties, appearing through counsel or pro se, will "...
MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION STEPHAN M. VIDMAR , Magistrate Judge . THIS MATTER is before the Court on Plaintiff's Prisoner Civil Rights Complaint ("Complaint") under 42 U.S.C. 1983, filed December 29, 2014. [Doc. 1]. Defendant Gary Maciel filed an Answer on August 31, 2015. [Doc. 36]. The Honorable James O. Browning, United States District Judge, referred this case to me for analysis and a recommended disposition. [Doc. 3]. Having reviewed the record...
MEMORANDUM OPINION AND ORDER KAREN B. MOLZEN , Chief Magistrate Judge . THIS MATTER comes before the Court on Plaintiff's Motion to Reverse and Remand for a Rehearing, with Supporting Memorandum ( Doc. 15 ), filed April 21, 2015. Pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73(b), the parties have consented to have me serve as the presiding judge and enter final judgment. Doc.11. Having reviewed the parties' submissions, the relevant law, and the relevant portions...
MEMORANDUM OPINION AND ORDER KENNETH J. GONZALES , District Judge . Plaintiff Certain Underwriters of Lloyd's, London Subscribing to Policy Number B080111789A08 ("Lloyd's") filed a Complaint on July 31, 2013, against Old Republic Insurance Company and Phoenix Aviation Managers, Inc. (collectively "Old Republic") for a declaratory judgment that it has no duty to defend or indemnify Eclipse Aviation Corporation ("Eclipse"). Old Republic filed an Answer and Counterclaim for malicious abuse of...
ORDER GRANTING 406(b) ATTORNEY FEES KAREN B. MOLZEN , Chief Magistrate Judge . THIS MATTER is before the Court on Plaintiff's Motion for an award of $11,666.50 in attorney fees under 42 U.S.C. 406(b)(1). Doc.27. Defendant declined to take a position with regard to the reasonableness of the requested award. Doc.28. Being fully advised in the premises, the Court finds that Plaintiff's Motion is well-taken and should be granted. Plaintiff instituted an action in this Court seeking...
ORDER GRANTING 406(b) ATTORNEY FEES KAREN B. MOLZEN , Chief Magistrate Judge . THIS MATTER is before the Court on Plaintiff's Motion for an award of $8,928.50 in attorney fees under 42 U.S.C. 406(b)(1). Doc. 29. Defendant declined to take a position with regard to the reasonableness of the requested award. Doc. 30. Being fully advised in the premises, the Court finds that Plaintiff's Motion is well-taken and should be granted. Plaintiff instituted an action in this Court seeking...
MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION TO GRANT PLAINTIFF'S MOTION FOR 406(b) FEES STEPHAN M. VIDMAR , Magistrate Judge . THIS MATTER is before me on Plaintiff's Motion for Order Authorizing Attorney Fees Pursuant to 42 U.S.C. 406(b) and Supporting Memorandum ("Motion") [Doc. 52], filed on November 24, 2015. The Motion seeks $26,705.23 in attorney's fees for legal services rendered before the Court. Id. at 1. The Commissioner filed a Response, [Doc. 53], on...
ORDER STEPHAN M. VIDMAR , Magistrate Judge . Before the Court is the United States' motion for an extension of time to answer or otherwise respond to the complaint. Having considered the motion, and good cause being shown, the motion is hereby GRANTED. Defendant's answer is due on or before February 22, 2016. SO ORDERED.
MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS COUNT III OF PLAINTIFF'S COMPLAINT FOR FAILURE TO STATE A CLAIM WILLIAM P. JOHNSON , District Judge . THIS MATTER comes before the Court upon Defendants' Motion to Dismiss Count III of Plaintiff`s Complaint for Failure to State a Claim, filed September 10, 2015 (Doc. 53). Having reviewed the parties' briefs and applicable law, the Court finds that Defendant's motion is not well-taken and, accordingly, is DENIED....
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT [ Doc. 11 ] LOURDES A. MART NEZ , Magistrate Judge . THIS MATTER is before the Court on Plaintiff's Motion and Memorandum for Leave to File His Second Amendment of Complaint ( Doc. 11 ), filed September 29, 2015. Defendants filed a response in opposition to the motion on October 8, 2015 [ Doc. 14 ], and Plaintiff filed a reply on October 22, 2015 [ Doc. 16 ]. On October 2, 2015, the presiding judge in...
ORDER APPOINTING A RECEIVER William P. Lynch , United States Magistrate Judge . Chief District Judge Armijo entered an Order of Reference in this case on September 2, 2015, directing me to convene proceedings with the parties and determine whether the appointment of a receiver is appropriate, and if it is, to appoint a receiver and define the scope of his or her involvement with High Plains Livestock ("HPL"). ( See Doc. 18.) Prior to the Order of Reference, the United States moved for a...
ORDER SETTING SETTLEMENT CONFERENCE STEPHAN M. VIDMAR , Magistrate Judge . THIS MATTER is before the Court pursuant to a telephonic status conference held on December 8, 2015. 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 February 26, 2016, at 9:00 a.m. in the Brazos Courtroom, Pete V. Domenici United States Courthouse at 333...
ORDER SETTING SETTLEMENT CONFERENCE LOURDES A. MART NEZ , Magistrate Judge . This case has been referred to me for a settlement conference. See D.N.M. LR-Civ. 16.2(a). Having conferred with counsel about a mutually-convenient date, time, and location, IT IS HEREBY ORDERED that all parties and their lead counsel shall appear before me at the United States Courthouse, 100 N. Church, Picacho Courtroom (4th Floor — South Tower), Las Cruces, New Mexico, on February 26, 2016 at 9:30 a....
SCHEDULING ORDER LOURDES A. MART NEZ , Magistrate Judge . In accordance with the Civil Justice Expense and Delay Reduction Plan adopted in compliance with the Civil Justice Reform Act, and pursuant to Title 28 U.S.C. 473(a)(1), this case is assigned to a "standard" track classification. Accordingly, the termination date for discovery is May 3, 2016 , and discovery shall not be reopened, nor shall case management deadlines be modified, except by an order of the Court upon a showing of...
MEMORANDUM OPINION AND ORDER DISMISSING COUNTERCLAIM ASSERTED BY INDIVIDUAL DEFENDANTS James A. Parker , SENIOR UNITED STATES DISTRICT JUDGE . On September 15, 2015, Plaintiff Public Service Company of New Mexico (PNM) filed PLAINTIFF PUBLIC SERVICE COMPANY OF NEW MEXICO'S MOTION TO DISMISS COUNTERCLAIM (Doc. No. 37) (Motion). On September 22, 2015, Defendants Lorraine J. Barboan, Laura H. Chaco, Benjamin A. House, Mary R. House, Annie H. Sorrell, Dorothy W. House, 1 Jones Dehiya, 2...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on the Defendants' Motion to Dismiss for Lack of Personal Jurisdiction, filed July 8, 2015 (Doc. 5)("MTD"). The primary issue is whether the Court has personal jurisdiction over Defendants Trapeze Asset Management, Inc., Mikhail Vinokur, 1 Randall Abramson, and Herb Abramson ("the Defendants"), none of whom live in New Mexico. The Court does not have general personal jurisdiction over...
