JAMES A. PARKER , Magistrate Judge . (In open court.) THE COURT: The next case is Number 2007-45, United States of America versus Benny A. Hurtado. Would counsel state their appearances, please MR. SPIERS: Good afternoon, Your Honor, Paul Spiers for the United States. MR. JAMESON: Good afternoon, Your Honor, Tom Jameson on behalf of Mr. Hurtado who appears. THE COURT: Mr. Hurtado, have you read your Presentence Report MR. HURTADO: Yes, sir. THE COURT: Have you discussed it with your...
MEMORANDUM OPINION AND ORDER MARTHA V ZQUEZ , District Judge . THIS MATTER comes before the Court on the Motion of Defendant USA Nutra Labs 1 ("USA Nutra") to Dismiss for Lack of Personal Jurisdiction and Memorandum in Support, filed February 12, 2016 [Doc. 22]. On June 17, 2016, Magistrate Judge Steven C. Yarbrough permitted discovery limited to the issue of personal jurisdiction, to be completed within seventy-five days, [Doc. 46]. The parties subsequently submitted supplemental...
MEMORANDUM OPINION AND ORDER MARTHA VAZQUEZ , District Judge . THIS MATTER comes before the Court on the United States' Motion for Reconsideration of the Court's Memorandum Opinion and Order, [Doc. 37], granting Defendant Steven Morales' Motion to Suppress Evidence, [Doc. 23]. The United States moved for reconsideration of this Court's Order on August 8, 2016, [Doc. 39], and Mr. Morales opposed the United States' motion on August 18, 2016. [Doc. 47]. The Court, having considered the...
ORDER GRANTING GOVERNMENT'S REQUEST FOR BECKLES STAY KAREN B. MOLZEN , Chief Magistrate Judge . THIS MATTER is before the Court on Defendant's Petition to Vacate Sentence Pursuant to 2255 Motion (CV Doc. 1, CR Doc. 58). In its Response to the Motion, the United States requests that this matter be stayed until the Supreme Court hands down its decision in Beckles v. United States, (S. Ct. No. 15-8544) as to: "(1) whether the holding in Johnson v. United States [ 135 S.Ct....
MEMORANDUM OPINION AND ORDER JAMES A. PARKER , Senior District Judge . On November 15, 2016, Defendants filed a SECOND MOTION TO DISMISS: CLAIMS CONCERNING ALLEGED INVESTMENT AND CONSTRUCTIVE TRUST OF GEMSTONES, JEWELRY, AND ORGANS (Doc. No. 35) (Second Motion to Dismiss). Plaintiffs had until November 30, 2016 to file a response to the Second Motion to Dismiss. However, at the request of counsel for the Plaintiffs, counsel for Defendants agreed to extend the deadline for filing a...
MEMORANDUM OPINION AND ORDER LAURA FASHING , Magistrate Judge . THIS MATTER comes before the Court on plaintiff Pete Mirabal's Motion to Reverse and Remand for a Hearing, filed February 24, 2016 (Doc. 20), and fully briefed on June 7, 2016 (Docs. 24, 25, 26). The parties have consented to my entering a final judgment in this case. Doc. 12. Having meticulously reviewed the entire record and being fully advised in the premises, I find that the Administrative Law Judge ("ALJ") applied the...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on the Defendant's Appeal of an Order Revoking the Defendant's Pre-Trial Release, filed October 31, 2016 (Doc. 68)("Appeal"). The Court held a hearing on November 21, 2016. The primary issue is whether, in this case, where the Defendant Everett Ramos is arguing that there is a substantial question of law, and appeals the revocation of the conditions of his pretrial release under "the...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on Defendant Maynard Shirley's oral motion for a mistrial, made on the record at the hearing on October 18, 2016. See Draft Transcript of Hearing at 242:3-6 (held October 18, 2016)(Schmidt-Nowara)("Tr."). 1 At the hearing, Defendant Maynard Shirley argued that Perry BlueEyes' 2 testimony "about [a] crazy brother who had just gotten out of the prison . . . is exactly the type of []...
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on: (i) Plaintiff United States of America and Defendant Maynard Shirley's Stipulated Jury Instructions, filed September 26, 2016 (Doc. 111); (ii) the Government's Requested Jury Instructions, filed September 26, 2016 (Doc. 112); and (iii) Defendant Maynard Shirley's Proposed Jury Instructions, filed September 26, 2016 (Doc. 114)(collectively, the "Proposed Jury Instructions"). The Court...
ORDER DENYING STAY AND ORDERING BRIEFING SCHEDULE KAREN B. MOLZEN , Chief Magistrate Judge . THIS MATTER is before the Court on Defendant's Amended Motion to Vacate and Correct Sentence under 28 U.S.C. 2255 ( CV Doc. 3, CR Doc. 110) . The Honorable Judith C. Herrera referred this matter to me in accordance with the provisions of 28 U.S.C. 636(b)(1)(B), (b)(3), and Va. Beach Fed. Sav. & Loan Ass'n v. Wood, 901 F.2d 849 (10th Cir. 1990), to conduct hearings, if warranted, including...
ORDER FOR SUPPLEMENTAL BRIEFING ON MOTION FOR BECKLES STAY KAREN B. MOLZEN , Chief Magistrate Judge . THIS MATTER is before the Court on the United States' opposed Motion for Stay of Proceedings Pending the Supreme Court's Decision in United States v. Beckles, CV Doc. 8 & CR Doc. 224, filed October 31, 2016. The Honorable James O. Browning referred this matter to me in accordance with the provisions of 28 U.S.C. 636(b)(1)(B), (b)(3), and Va. Beach Fed. Sav. & Loan Ass'n v....
MEMORANDUM OPINION AND ORDER JAMES A. PARKER , Senior District Judge . Plaintiff Amerind Risk Management Corporation (Plaintiff) seeks declaratory and injunctive relief from litigation brought by Defendant Blackfeet Housing (Defendant) in the Blackfeet Tribal Courts. See COMPLAINT (Doc. No. 1). Defendant has moved to dismiss the Complaint, arguing that issue preclusion bars Plaintiff from establishing subject matter jurisdiction, that the Court lacks personal jurisdiction over Defendant,...
ORDER GREGORY J. FOURATT , Magistrate Judge . THIS MATTER is before the Court on Plaintiff's "Motion to Reverse and Remand to Agency for Rehearing, With Supporting Memorandum" ("Motion"), filed on August 5, 2016. ECF No. 24. The Commissioner responded on October 7, 2016. ECF No. 25. Plaintiff replied on October 21, 2016. ECF No. 26. Having meticulously reviewed the entire record and the parties' pleadings, the Court finds that Plaintiff's Motion is not well taken and that the...
MEMORANDUM OPINION AND ORDER JUDITH C. HERRERA , District Judge . On August 22, 2016, Plaintiff Juanita Garcia filed a Motion for Costs and Application for Attorney's Fees and Expenses (ECF No. 173). The Court, having considered the motion, briefs, evidence, applicable law, and otherwise being fully advised, concludes that the motion should be granted in part and denied in part. The Court will enter an award of attorney's fees, expenses, and costs, but will reduce the requested amount, as...
STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER GREGORY J. FOURATT , Magistrate Judge . 1. PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this arbitration may be warranted. Accordingly, the parties hereby stipulate to the entry of the following Stipulated Confidentiality...
MEMORANDUM OPINION AND ORDER KENNETH J. GONZALES , District Judge . This matter comes before the Court upon Plaintiff CalMat Co.'s Motion for Attorneys' Fees, Costs, and Expenses (Motion for Fees and Costs), filed on October 31, 2016. (Doc. 61). Defendant Kraft Americas Holdings, Inc. (KAHI) filed objections on November 14, 2016, in which KAHI opposes the reasonableness of the amount of attorneys' fees sought by Plaintiff CalMat Co. (CalMat) and requests that the Court reconsider its...
ORDER DENYING STAY AND SETTING HEARING FOR ORAL ARGUMENT KAREN B. MOLZEN , Chief Magistrate Judge . THIS MATTER is before the Court on Defendant's Emergency Motion to Correct Sentence under 28 U.S.C. 2255 (CV Doc. 1, CR Doc. 135) . The Honorable C. LeRoy Hansen referred this matter to me in accordance with the provisions of 28 U.S.C. 636(b)(1)(B), (b)(3), and Va. Beach Fed. Sav. & Loan Ass'n v. Wood , 901 F.2d 849 (10th Cir. 1990), to conduct hearings, if warranted, including...
ORDER LAURA FASHING , Magistrate Judge . THIS MATTER comes before the Court on Counter-Plaintiff/Third Party Plaintiff Jay Meyer's ("Meyer") Motion for Leave to File Second Amended Third Party Complaint (Doc. 86) filed November 7, 2016, and fully briefed December 16, 2016 (Doc. 104). For the following reasons, the Court denies Meyer's motion. I. Background Plaintiff Scottra Carr ("Carr") initiated this case against defendants Jay Meyer and Dynamic Transit Company ("Dynamic Transit")...
MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION STEPHAN M. VIDMAR , Magistrate Judge . THIS MATTER is before me on Defendant Marcos Sanchez's Motion to Vacate, Set Aside or Correct Sentence Under 28 U.S.C. [ ] 2255 (and Johnson v. United States ), filed October 23, 2015 [CR Doc. 104; CV Doc. 1], and his Amended Motion to Correct Sentence Pursuant to 28 U.S.C. 2255, filed August 8, 2016 [CR Doc. 112; CV Doc. 7]. Mr. Sanchez filed a supplement to his amended motion on...
INITIAL SCHEDULING ORDER STEPHAN M. VIDMAR , Magistrate Judge . This case is assigned to me for scheduling, case management, discovery, and all non-dispositive motions. Both the Federal Rules of Civil Procedure, as amended, as well as the Local Rules of the Court apply to this lawsuit. Civility and professionalism are required of counsel. Counsel must read and comply with "A Lawyer's Creed of Professionalism of the State Bar of New Mexico." The parties, appearing through counsel or pro...
