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Lucero v. Olivas,, 14-393 KG/KK.Civ (2018)

Court: District Court, D. New Mexico Number: infdco20180105998 Visitors: 7
Filed: Jan. 04, 2018
Latest Update: Jan. 04, 2018
Summary: STIPULATED ORDER OF DISMISSAL WITH PREJUDICE KENNETH J. GONZALES , District Judge . THIS MATTER having come before the Honorable Kenneth J. Gonzales, United States District Judge, State of New Mexico, upon the unopposed written motion of Defendants Eddie Aragon Jr., Albert Olivas, David Pena, Dwane Pena, Silverio Pena, Michael Gilbert, Gilbert Martinez, Matthew Stephenson, John P. Sweeney, Yolanda Bermumen-Deines and New Mexico Children, Youth and Families Department ("Defendants"), to dism
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STIPULATED ORDER OF DISMISSAL WITH PREJUDICE

THIS MATTER having come before the Honorable Kenneth J. Gonzales, United States District Judge, State of New Mexico, upon the unopposed written motion of Defendants Eddie Aragon Jr., Albert Olivas, David Pena, Dwane Pena, Silverio Pena, Michael Gilbert, Gilbert Martinez, Matthew Stephenson, John P. Sweeney, Yolanda Bermumen-Deines and New Mexico Children, Youth and Families Department ("Defendants"), to dismiss this action with prejudice; Plaintiffs Eduardo Lucero, Isaac Ramirez, Jacob Gonzales and Dante Woods' ("Plaintiffs") concurring with the Unopposed Motion; and the Court, being fully advised,

FINDS:

1. This Court has jurisdiction over the parties and subject matter herein and shall exercise its jurisdiction over same;

2. Plaintiffs have agreed to this dismissal with prejudice of all claims alleged herein by Plaintiffs, past, present and future, as to Defendants, as a result of reaching a settlement of all claims herein; and

3. Defendants' Unopposed Motion to Dismiss with Prejudice is well-taken and is hereby granted.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:

1. The Complaint for Civil Rights Violations, Personal Injuries, Negligence, Violations of the New Mexico Tort Claims Act and Damages filed on behalf of Plaintiffs individually in the First Judicial District State Court, and removed to the United States District Court on April 28, 2014, and consolidated herein, is hereby dismissed with prejudice as to all Defendants.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED THAT:

2. Plaintiffs and Defendants shall be responsible for payment of their respective attorney's fees and costs incurred in this action.

Source:  Leagle

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