ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDATION AND DENYING PLAINTIFFS' MOTION TO REMAND MARTHA VAZQUEZ , District Judge . THIS MATTER is before the Court on Plaintiffs' Motion to Remand (Doc. 22). The Court referred this motion to United States Magistrate Judge Steven C. Yarbrough for entry of proposed findings and a recommended disposition. Doc. 43. On December 4, 2018, Judge Yarbrough entered his Proposed Findings and Recommended Disposition (PFRD) in which he recommends denying...
INITIAL SCHEDULING ORDER KEVIN R. SWEAZEA , Magistrate Judge . This case is before the Court for scheduling, case management, discovery, and other non-dispositive matters. The Federal Rules of Civil Procedure, as amended, as well as the Local Rules of the Court, will apply to this lawsuit. The parties, appearing through counsel or pro se, shall "meet and confer" no later than January 11, 2019 to formulate a provisional discovery plan. See Fed. R. Civ. P. 26(f). As part of this...
ORDER SETTING TELEPHONIC STATUS CONFERENCE STEPHAN M. VIDMAR , Magistrate Judge . Date and time: January 9, 2019, at 1:30 p.m. Matter to be heard: Case status and the Court's expectations regarding Initial Disclosures A telephonic status conference is set for January 9, 2019, at 1:30 p.m. Counsel must call the Court's AT&T Conference Line, (888) 363-4734 (access code: 4382538) , to connect to the proceedings. The Court requests that counsel read Fed. R. Civ. P. 26(a)(1) (...
ORDER GRANTING INTREPID'S MOTION TO SEAL STEPHAN M. VIDMAR , Magistrate Judge . Pending before the Court is Defendant Intrepid Potash, Inc.'s and Intrepid-Potash-New Mexico, LLC's (collectively, "Intrepid's") Motion to Seal. After having considered the motion, the applicable law, and having determined that good cause exists, the Court hereby GRANTS the motion. Exhibit A to Intrepid's Motion to Seal (Intrepid's Motion to Compel 30(b)(6) Testimony) and Exhibit B to Intrepid's Motion to Seal...
MEMORANDUM OPINION AND ORDER KIRTAN KHALSA , Magistrate Judge . THIS MATTER is before the Court on Defendant's Motion for Summary Judgment, and Memorandum in Support (Doc. 35), filed April 15, 2018. The Court, having considered counsel's arguments, the record, and the relevant law, finds that the motion is well taken and should be GRANTED. I. FACTUAL AND PROCEDURAL BACKGROUND 2 This case arises out of a dispute between Plaintiff Mona Sarrai, M.D. ("Dr. Sarrai") and the United...
MEMORANDUM OPINION AND ORDER JAMES A. PARKER , District Judge . The United States of America (Plaintiff) filed suit against Defendant Regents of New Mexico State University (Defendant) to enforce the provisions of Title VII of the Civil Rights Act, 42 U.S.C. 2000e, et seq. 1 Plaintiff's discrimination claim was tried by a jury beginning on October 15, 2018 and ending with a verdict for Defendant on October 22, 2018. Based on the jury's verdict, the Court entered a Judgment on October...
MEMORANDUM OPINION AND ORDER GRANTING SAUCEDO DEFENDANTS' MOTION TO DISMISS & GRANTING IN PART AND DENYING IN PART NMT DEFENDANTS' MOTION TO DISMISS MARTHA V ZQUEZ , District Judge . THIS MATTER is before the Court on Plaintiff's Objections ( doc. 89 ) to the Magistrate Judge's Proposed Findings and Recommended Disposition ("PFRD") ( doc. 88 ). The Magistrate Judge recommended granting in full Saucedo Defendants' Motion to Dismiss ( doc. 78 ) and granting in part and denying in part NMT...
MEMORANDUM OPINION AND ORDER James O. Browning , UNITED STATES DISTRICT JUDGE . THIS MATTER comes before the Court on Defendant Curry County's Motion for Summary Judgment, filed June 12, 2018 (Doc. 121)("Motion"). The Court held a hearing on September 25, 2018. The primary issues are: (i) whether Board of County Commissioners of Curry County, New Mexico ("Curry County") violated Plaintiff Amanda Sinfuego's First Amendment to the Constitution of the United States of America rights to...
ORDER QUASHING SUBPOENA JERRY H. RITTER , Magistrate Judge . This matter comes before the Court on the City of Santa Fe's Motion to Quash Subpoena [Doc. 38], filed December 5, 2018. Generally, the Motion argues that the subpoena issued to the City must be quashed because the issuing party, Toyota Motor Corporation, did not comply with Federal Rule of Civil Procedure 31 when issuing it. [ See generally, id. ]. Toyota did not respond to the City's Motion. [ See Doc. 39 (Notice of...
ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDED DISPOSITION, DISMISSING PETITION FOR WRIT OF HABEAS CORPUS WITH PREJUDICE, AND DENYING MOTIONS AS MOOT MARTHA VAZQUEZ , District Judge . THIS MATTER comes before the Court on Petitioner Gabriel Grado's objections to Magistrate Judge Kevin Sweazea's Proposed Findings and Recommend Disposition ("PFRD") (Doc. 16). In the PFRD, the magistrate judge concluded that Grado's petition for a writ of habeas corpus under 28 U.S.C. 2254 is barred by...
ORDER TO SUBMIT CLOSING DOCUMENTS CARMEN E. GARZA , Chief Magistrate Judge . THIS MATTER is before the Court on the parties' Notice of Settlement, (Doc. 18), filed December 24, 2018, in which the parties state they have reached an agreement to resolve this matter. IT IS THEREFORE ORDERED that the parties shall submit closing documents by January 25, 2019 .
FINAL JUDGMENT CARMEN E. GARZA , Chief Magistrate Judge . Pursuant to the Memorandum Opinion and Order, (Doc. 24), which granted Plaintiff's Motion to Reverse and Remand for a Rehearing With Supporting Memorandum, (Doc. 17), the Court enters this Judgment under Rule 58 of the Federal Rules of Civil Procedure REMANDING this case to the Commissioner of the Social Security Administration for further administrative action. IT IS SO ORDERED.
MEMORANDUM OPINION AND ORDER OF REMAND JAMES A. PARKER , District Judge . On November 28, 2018, Plaintiffs Gary Martinez, Michelle Samantha Martinez, JAM1, JAM2, and JAM3 (Plaintiffs), filed a Motion to Remand (Motion) (Doc. 8), asking the Court to remand their Complaint for Personal Injury and Consortium (Complaint) to state court. Defendants Kenneth and Sara Draim (collectively, Defendants) oppose the Motion and it is fully briefed. 1 The Court, having reviewed the parties' briefing,...
MEMORANDUM OPINION AND ORDER CARMEN E. GARZA , Magistrate Judge . THIS MATTER is before the Court on Plaintiff Marie Michelle Landon's Motion to Reverse and Remand for a Rehearing With Supporting Memorandum (the "Motion"), (Doc. 17), filed August 30, 2018; Defendant Commissioner Nancy A. Berryhill's Brief in Response to Plaintiff's Motion to Reverse and Remand the Agency's Administrative Decision (the "Response"), (Doc. 19), filed October 11, 2018; and Ms. Landon's Reply in Support...
MEMORANDUM OPINION AND ORDER JAMES A. PARKER , Senior District Judge . THIS MATTER comes before the Court on Plaintiff's Motion for Reconsideration of Memorandum Opinion and Ordered Entered as Document 14, Doc. 15, filed November 13, 2018 ("Motion to Reconsider"). On April 20, 2018, the Court dismissed this case without prejudice for lack of jurisdiction and entered Final Judgment. See Doc's 4 ("Order of Dismissal") and 5. Plaintiff then filed his Motion to Set Aside Judgment and...
ORDER GRANTING IN PART DEFENDANTS' AMENDED MOTION TO COMPEL AND DIRECTING PARTIES TO SUBMIT A FORM OF PROTECTIVE ORDER KEVIN R. SWEAZEA , Magistrate Judge . THIS MATTER comes before the Court on Defendants' amended motion to compel discovery responses. (Doc 35). The Court heard oral argument on the motion on December 20, 2018. After hearing from the parties and having reviewed the parties' submissions, the Court granted the motion in part as stated on the record. IT IS, THEREFORE,...
ORDER OF DISMISSAL KEVIN R. SWEAZEA , Magistrate Judge . THIS MATTER having come before the Court on the Stipulation of Dismissal With Prejudice Of All Claims Against Defendant filed on December 17, 2018 (Doc. No. 49), pursuant to Rule 41 of the rules of civil procedure, the Court having reviewed said Stipulation of Dismissal and being otherwise fully advised in the premises, FINDS that the Stipulation of Dismissal With Prejudice Of All Claims Against Defendant, The Rib Crib BBQ, Inc., is...
ORDER KENNETH J. GONZALES , District Judge . This matter comes before the Court upon Defendant Kamterter Products, LLC's Motion to Dismiss, filed December 8, 2017. (Doc. 44). Plaintiffs filed a response on May 15, 2018, and Defendant Kamterter Products, LLC (Kamterter) filed a reply on June 5, 2018. (Docs. 74 and 80). On December 21, 2018, the Court held a telephonic hearing on the Motion to Dismiss to announce its ruling on the Motion. At the telephonic hearing, Casey Stevenson...
ORDER GRANTING UNOPPOSED MOTION FOR EXPEDITED BRIEFING SCHEDULE AND EMERGENCY HEARING ON PLAINTIFFS' MOTION FOR ORDER TO POSTPONE AUTOMATIC STAY KENNETH J. GONZALES , District Judge . The Court, having read Plaintiffs' Unopposed Motion for Expedited Briefing Schedule and Emergency Hearing on Plaintiffs' Motion for Order to Postpone Automatic Stay (Doc. 3010) and being otherwise fully informed, hereby GRANTS the motion and ORDERS: 1. Defendants must file their response to Plaintiffs'...
STIPULATED ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF DEADLINE TO RESPOND TO THIRD-PARTY PLAINTIFF RONALD R. COBB'S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST THIRD-PARTY DEFENDANT AVALON JUBILEE, LLC: CLAIM FOR ADVANCE EXPENSES KENNETH J. GONZALES , District Judge . THIS MATTER comes before the Court on the Unopposed Motion for Extension of Deadlines Having reviewed and considered the Motion, the Court finds and that the motion is not opposed and that there is good cause to grant...
