Great Divide Wind Farm 2 LLC v. Aguilar, Civ 19-0099 JB\CG. (2019)
Court: District Court, D. New Mexico
Number: infdco20191203f15
Visitors: 11
Filed: Dec. 02, 2019
Latest Update: Dec. 02, 2019
Summary: ORDER JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on Defendants Theresa Becenti Aguilar, Cynthia Hall, Jefferson Byrd, Valerie Espinoza, and Stephen Fischmann, and Intervenor-Defendants El Paso Electric Company and Southwestern Public Service Company's Motion for Summary Judgment, filed November 27, 2019 (Doc. 94). The Court orders as follows: (i) the Court grants the Motion for Summary Judgment for the reasons set forth in the Court's Memorandum Opinion and Or
Summary: ORDER JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court on Defendants Theresa Becenti Aguilar, Cynthia Hall, Jefferson Byrd, Valerie Espinoza, and Stephen Fischmann, and Intervenor-Defendants El Paso Electric Company and Southwestern Public Service Company's Motion for Summary Judgment, filed November 27, 2019 (Doc. 94). The Court orders as follows: (i) the Court grants the Motion for Summary Judgment for the reasons set forth in the Court's Memorandum Opinion and Ord..
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ORDER
JAMES O. BROWNING, District Judge.
THIS MATTER comes before the Court on Defendants Theresa Becenti Aguilar, Cynthia Hall, Jefferson Byrd, Valerie Espinoza, and Stephen Fischmann, and Intervenor-Defendants El Paso Electric Company and Southwestern Public Service Company's Motion for Summary Judgment, filed November 27, 2019 (Doc. 94). The Court orders as follows: (i) the Court grants the Motion for Summary Judgment for the reasons set forth in the Court's Memorandum Opinion and Order, filed November 7, 2019 (Doc. 89), that denied the Plaintiffs' Motion for Summary Judgment, filed June 12, 2019 (Doc. 57); (ii) the Defendants have reserved the right to seek costs as prevailing parties, and attorneys' fees if available by law, pursuant to rule 54(d) of the Federal Rules of Civil Procedure and rules 54.1 and 54.2 of the Local Rules of the United States District Court for the District of New Mexico; and (iii) the Defendants have preserved all affirmative defenses and have preserved the right to seek costs in the event that the United States Court of Appeals for the Tenth Circuit reverses the grant of summary judgment to the Defendants, and the matter is remanded to the United States District Court for the District of New Mexico.
IT IS ORDERED that the Court grants the Defendants' Motion for Summary Judgment, filed November 27, 2019 (Doc. 94).
Source: Leagle
