8 results for 'judge:"Gonzales"'.
J. Gonzales grants, in part, the employee's motion to compel, ruling the employer must provide class-wide timesheets and payroll records for the time period relevant to the complaint because it will allow the lead plaintiff to prove commonality and the existence of a class-wide injury.
Court: USDC New Mexico, Judge: Gonzales, Filed On: February 1, 2024, Case #: 2:23cv143, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, Class Action, Labor
J. Gonzales dismisses the due process and negligence claims brought by a family against Las Vegas and its police personnel following violent murders that were streamed live to Facebook while police maintained a perimeter around the house where the shootings occurred. The court laments the failure of police to prevent the violence but does not find that officers’ actions or inactions were so obviously improper that they violated the plaintiffs’ due process rights or amounted to negligence.
Court: USDC New Mexico, Judge: Gonzales, Filed On: July 20, 2023, Case #: 1:21cv1222, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Wrongful Death, Police Misconduct
J. Gonzales dismisses some negligence claims against law enforcement agencies and officers in a complex civil rights lawsuit over the law enforcement response to a “unfortunate and regrettable violent murder.” A precedent cited by the person who brought this suit involved a sheriff department’s “complete failure to respond to a call reporting a crime in progress,” whereas this case instead involved a “dynamic” situation, and the person suing has not shown that law enforcement’s actions were so negligent as to overcome immunity.
Court: USDC New Mexico, Judge: Gonzales, Filed On: July 20, 2023, Case #: 1:21cv1222, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Police Misconduct
J. Gonzales dismisses some constitutional claims against law enforcement agencies and officers in a civil rights lawsuit over the law enforcement response to a “unfortunate and regrettable violent murder.” While the underlying incident was complex and dynamic, officers “did not create the danger” of the situation “nor increase the vulnerability of the victim” through their actions, nor was their behavior “shocking to the conscience,” so they are largely entitled to immunity.
Court: USDC New Mexico, Judge: Gonzales, Filed On: July 20, 2023, Case #: 1:21cv1222, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Immunity
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J. Gonzales grants a motion to "dismiss or for a more definitive statement" and dismisses a contract dispute brought by a consumer against a company that was the owner of her car loan and that the consumer claims "improperly repossessed her car and untruthfully reported her debt to credit reporting agencies." While the consumer's complaints "could implicate potential legal claims if stated differently," she "does not proffer the contract itself nor even describe its terms" despite basing her claims on alleged breaches of contract by the company, and she has brought "two different complaints and nine total claims," all of which were implausible or futile.
Court: USDC New Mexico, Judge: Gonzales, Filed On: June 16, 2023, Case #: 2:21cv1018, NOS: Other Contract - Contract, Categories: Fraud, Negligence, Contract
J. Gonzales mostly declines to dismiss for failure to state a claim a convoluted lawsuit centered around credit default swap auctions, a type of financial agreement in which the seller agrees to pay the buyer in the event of a corporate or municipal default on bonds. A group of “quasi-state funds” sued several parties involved in these arrangements, arguing they had “conspired to manipulate” these auctions “in an anticompetitive manner,” whereas those parties argued the case should be dismissed for a variety of reasons, including a lack of standing and the statute of limitations. While some of those parties can be dismissed from this case because they’ve shown that this court lacks jurisdiction over them, the case overall can proceed.
Court: USDC New Mexico, Judge: Gonzales, Filed On: June 5, 2023, Case #: 1:21cv606, NOS: Antitrust - Other Suits, Categories: Antitrust, Jurisdiction, Banking / Lending