110 results for 'court:"USDC New Mexico"'.
J. Urias denies, in part, the pizza restaurant's motion to dismiss, ruling that while previous litigation and settlement talks occurred between it and the class of delivery drivers, the parties did not sign a settlement agreement or agree on several key principles, which means there is no binding agreement to preclude this suit from moving forward.
Court: USDC New Mexico, Judge: Urias, Filed On: September 19, 2024, Case #: 2:23cv1096, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Fouratt denies, in part, the aerospace manufacturing company's motion to dismiss, ruling that while none of its employees traveled to New Mexico and its base of operations remains in Florida, its four-year contractual relationship with the New Mexico small business and the parties' shared interests in bidding on government contracts grants this court jurisdiction over the case, especially considering the harm sustained by the New Mexico business undoubtedly occurred in this state.
Court: USDC New Mexico, Judge: Fouratt, Filed On: September 16, 2024, Case #: 2:24cv524, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Vazquez grants the financial records company's motion to dismiss, ruling that while it tracked the debt collection company's customers and potential leads, there is no evidence it created or sent any misleading information to the lead plaintiff about her student loan forgiveness eligibility; therefore, it cannot be held liable under the New Mexico Unfair Practices Act.
Court: USDC New Mexico, Judge: Vazquez, Filed On: September 12, 2024, Case #: 1:21cv798, NOS: Other Contract - Contract, Categories: Debt Collection, Consumer Law, Class Action
J. Gonzalez denies, in part, the truck driver's motion to dismiss, ruling his failure to brake or avoid a collision after the injured driver put on his hazard lights and slowed down because of stopped traffic is sufficient to state a claim for gross negligence. However, because there is no evidence the truck driver was unfit for his position or had a history of similar accidents, the trucking company's motion to dismiss negligent hiring and supervision claims is granted.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: September 9, 2024, Case #: 1:23cv1036, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, Vehicle, Negligence
J. Urias denies the federal government's motion to dismiss for lack of jurisdiction, ruling its argument regarding whether certain doctors and nurses who treated the patient were federal employees is improper because it is based on documents not provided to the patient during discovery. Therefore, the patient will be allowed to conduct his own discovery on the issue and file a response by February 7, 2025.
Court: USDC New Mexico, Judge: Urias, Filed On: September 9, 2024, Case #: 1:20cv515, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Jurisdiction, Medical Malpractice
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J. Khalsa denies the oil well employee's motion for judgment on the pleadings, ruling the well operator's counterclaim for indemnification is plausible at this stage because the employee may have had a duty to properly train him and other employees on the operation of equipment at the jobsite, which would bar recovery for any injuries.
Court: USDC New Mexico, Judge: Khalsa, Filed On: September 6, 2024, Case #: 1:22cv32, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Product Liability, Indemnification
J. Browning finds the New Mexico Attorney General and Secretary of State violated the voters' rights group's First Amendment rights when they refused to provide voter data based on the viewpoints espoused by the group, including increasing the number of registered voters in the state. Although there is no right to voter data under the constitution and there were concerns the data would be published online, the government officials provided the data to other groups, while the voters' rights group repeatedly promised not to publish the data; therefore, the state actors are permanently enjoined from any viewpoint discrimination in the future.
Court: USDC New Mexico, Judge: Browning, Filed On: August 30, 2024, Case #: 1:22cv222, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Elections, First Amendment
J. Ritter grants, in part, the pretrial detainee's motion for sanctions against the county government, ruling its failure to preserve certain documents and emails in compliance with a previous order constitutes spoliation of evidence that prejudices the detainee. However, there is no evidence the county intended to deprive the detainee of this evidence, and so the imposed sanction will only allow the detainee to instruct the court and jury at trial about the spoliation of the evidence.
Court: USDC New Mexico, Judge: Ritter, Filed On: August 30, 2024, Case #: 2:21cv1208, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Sanctions
J. Browning denies the federal government's motion to dismiss for lack of standing, ruling the magnesium mine's impact on the Florida Mountains and surrounding areas, including noise and air pollution, the aesthetic properties of the land, and recreational value, grant all of the environmental groups standing to challenge the Bureau of Land Management's approval of the mining operation. Meanwhile, the bureau failed to take the required "hard look" at the impact of the processing mill's impact on water quality and, specifically, the effects magnesium sludge will have on the surrounding surface water and underground aquifers; therefore, the case will be remanded to the bureau to allow for a more complete analysis before final approval can be given.
Court: USDC New Mexico, Judge: Browning, Filed On: August 27, 2024, Case #: 2:20cv924, NOS: Environmental Matters - Other Suits, Categories: Environment, Government, Water
J. Riggs grants, in part, the prison health care company's motion to dismiss, ruling the prison operator cannot bring indemnification claims for coverage in several inmate lawsuits because there has been no judicial determination the health care company breached its duty to defend under the parties' insurance policy.
Court: USDC New Mexico, Judge: Riggs, Filed On: August 21, 2024, Case #: 1:23cv1103, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Herrera grants the dry cleaner's motion for partial summary judgment, ruling the city cannot bring cost recovery claims related to groundwater pollution because it settled its Comprehensive Environmental Response, Compensation, and Liability Act claims with the federal government.
Court: USDC New Mexico, Judge: Herrera, Filed On: August 21, 2024, Case #: 2:17cv809, NOS: Environmental Matters - Other Suits, Categories: Civil Procedure, Environment, Water
J. Herrera denies the employees' motion for sanctions against their supervisor for spoliation of evidence, ruling the supervisor cannot be held liable for the Department of Health's failure to retain emails after she left her position, while there is also no evidence she or the department purposefully destroyed emails after they were aware of the employees' litigation.
Court: USDC New Mexico, Judge: Herrera, Filed On: August 20, 2024, Case #: 1:21cv1129, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Sanctions
J. Urias grants the health care coordinators' motion for class certification, ruling the similarities in their job duties, including the creation of care plans for patients with different long-term illnesses, satisfy commonality requirements.
Court: USDC New Mexico, Judge: Urias, Filed On: August 16, 2024, Case #: 1:19cv629, NOS: Fair Labor Standards Act - Labor, Categories: Health Care, Class Action, Labor
J. Riggs grants, in part, the injured car driver's motion for sanctions, ruling the trucking company's refusal to respond to discovery requests or speak with the driver's attorney about the case requires an entry of default judgment.
Court: USDC New Mexico, Judge: Riggs, Filed On: August 14, 2024, Case #: 1:23cv103, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Sanctions, Vehicle, Discovery
J. Riggs denies the employer's motion to dismiss, ruling the employee's allegation regarding automatic deduction of meal breaks is sufficient to establish a claim under the Fair Labor Standards Act, while the lack of specific details about other employees included in the potential class is not fatal to the class allegations at this stage of the litigation.
Court: USDC New Mexico, Judge: Riggs, Filed On: July 23, 2024, Case #: 2:23cv336, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Class Action, Labor
J. Browning denies the gun owners' motion for a temporary restraining order, ruling the Waiting Period Act, which requires a seven-day waiting period for the purchase of a firearm, likely does not violate the Second Amendment. The amendment's text does not cover the purchase of a firearm, while the waiting period is consistent with the historical tradition of limiting sales to certain sections of the population over concerns they may harm the public at large. Additionally, the benefits of the waiting period, which has been statistically shown to reduce violent crimes, outweigh the possible harms suffered by the gun owners, who will only experience a temporary delay in the process of acquiring a new firearm.
Court: USDC New Mexico, Judge: Browning, Filed On: July 22, 2024, Case #: 1:24cv471, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Firearms, Injunction
J. Yarbrough denies, in part, the employee's motion to compel, ruling that his request for the complete personnel files of three coworkers, including his supervisor, is overly broad, especially considering he fails to explain how information in the files will aid his lawsuit for the denial of an accommodation request.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: July 3, 2024, Case #: 1:22cv525, NOS: Employment - Civil Rights, Categories: Employment, Discovery
J. Urias grants, in part, the wrongfully detained individual's motion for attorney fees, ruling the number of hours submitted by his attorneys is reasonable considering the nature of the civil rights lawsuit and trial, but that evidence submitted in support of the attorneys' hourly rates is insufficient; therefore, the attorneys will have 21 days to submit more credible evidence regarding the requested hourly rates.
Court: USDC New Mexico, Judge: Urias, Filed On: July 3, 2024, Case #: 1:21cv258, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Attorney Fees
J. Strickland denies the insurer's motion for partial judgment on the pleadings, ruling the New Mexico Wrongful Death Act is not the only avenue for the estate to seek relief, especially considering the loss of consortium claims filed by the decedent's children have consistently been allowed by New Mexico courts even in wrongful death suits, while the widow's personal claims are also not precluded by the Act.
Court: USDC New Mexico, Judge: Strickland, Filed On: July 1, 2024, Case #: 2:24cv94, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Insurance, Wrongful Death
J. Martinez grants the borrower's motion to compel, ruling the lender's failure to respond to discovery requests by the required deadlines was not the result of excusable neglect, but it will be given a final opportunity to provide complete responses by July 9 or will be sanctioned accordingly.
Court: USDC New Mexico, Judge: Martinez, Filed On: June 12, 2024, Case #: 2:23cv378, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Sanctions, Discovery
J. Strickland grants, in part, the city of Roswell's motion for judgment on the pleadings, ruling that because the aircraft company did not cite any official policy that led to the search and brief shut-down of its hangar and business, and does not have a protected property interest in the "apron" surrounding the hangar, its Fourth Amendment and due process claims must be dismissed.
Court: USDC New Mexico, Judge: Strickland, Filed On: June 11, 2024, Case #: 2:22cv218, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Due Process
J. Urias denies the police officer's motion for qualified immunity notwithstanding the jury verdict, ruling conflicting evidence about whether the suspect bit the officer or intended to strike him in the face while being arrested weighs against the repeated use of the taser being considered reasonable force, while the suspect had also stopped resisting at the time he was tasered and, therefore, was no longer a threat to any of the arresting officers.
Court: USDC New Mexico, Judge: Urias, Filed On: June 5, 2024, Case #: 1:21cv258, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Immunity
J. Gonzalez grants the nursing home's motion to compel arbitration, ruling the power-of-attorney for the decedent had the authority to sign the arbitration agreement, which was intended to include third-party beneficiaries like family members. Therefore, it is enforceable in the wrongful death action filed by the estate.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: June 4, 2024, Case #: 1:24cv93, NOS: Other Contract - Contract, Categories: Arbitration, Wrongful Death
J. Herrera grants the New Mexico State Police's motion for sanctions, ruling that while the former motorcycle club member's decision to return his vest and other attire to the club during his wrongful arrest litigation is spoliation of evidence, especially considering his lawsuit stems from an allegation the officers pulled him over because of the vest ,there is no evidence it was done in bad faith. Therefore, the appropriate sanction will be determined after trial.
Court: USDC New Mexico, Judge: Herrera, Filed On: June 3, 2024, Case #: 1:23cv35, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Sanctions, Discovery