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New Mexico Deposition Law
 
Domingo Gomez v. Benjamin Martin

Domingo Gomez appeals the district court’s grant of summary judgment in favor
of Benjamin Martin based on qualified immunity and its denial of Mr. Gomez’s Rule
56(d) request to depose Martin. Exercising jurisdiction under 28 U.S.C. § 1291, we
affirm.
I
On September 26, 2008, Mr. Gomez’s then-wife, Myrna Gomez, and her mother,
Bellia Armendariz, contacted the Doña An... More...
   $0 (11-17-2014 - NM)

Kathleen McOwen, et al. v. State of New Mexico, et al.

Kathleen McOwen, et al. sued the State of New Mexico, et al. on negligence personal injury non-auto theories.

The Court's register of actions and activities contained the following entries:

02/05/2013 STIPULATION
Stipulation of Dismissal with Prejudice
01/14/2013 CLS: DISMISSAL BY PARTY
Joint Notice of Settlement
01/04/2013 ... More...
   $1 (01-14-2013 - NM)

Elisa Buteau v. Roxanne Sabatini

Elisa Buteau sued Roxanne Sabatini on a negligence theory.

The Court's register of actions and activities for case contained the following entries:

06/23/2013 CLS: DISMISSAL WITH PREJUDICE
06/19/2013 MTN: TO DISMISS
Joint Motion to Dismiss
06/03/2013 MTN: FOR CONTINUANCE
Defendatns' Motion for Continuance
04... More...
   $1 (06-23-2013 - NM)

Monique Villalobos v. Board of County Commissioners of Dona Ana County, New Mexico

{1} In this case, we hold that expert testimony is needed to establish the standard of care for monitoring inmates in prisons. Monique Villalobos (Plaintiff), an inmate at the Doña Ana County Detention Center (Detention Center), sued the Board of County Commissioners of Doña Ana County, the Detention Center, and Christopher Barela (collectively, County Defendants) for negligence after she was as... More...   $0 (02-11-2014 - NM)

Liz Sanchez Training Stables, et. al., v. James Ellis, et. al.

02/05/2014 STIPULATION
Stipulation Regarding Plaintiffs' Claims for Economic Damages, Loss of Business Income, Loss of Personal Income, Loss of Future Business Income, and Loss of Future Personal Income from Loss of Plaintiffs Former Clients Walton, Budd, Sam, and Dazzo
01/29/2014 DISCOVERY P 1
01/29/2014 RESPONSE P 1
Plaintiff's Response to Affi... More...
   $0 (01-15-2014 - NM)

Michelle Sanchez v. Simon Gamez-Moreno, et. al.

04/26/2013 CLS: ORDER OF DISMISSAL
Order of Dismissal dismissing cause of action with prejudice
04/24/2013 MTN: TO DISMISS P 1
Joint Motion to Dismiss With Prejudice
04/16/2013 NTC: OF JURY TRIAL
Civil Jury Trial Settings for August 12-23, 2013
04/15/2013 NTC: PRE-TRIAL CONFERENCE
PRE-TRIAL CONFERENCE set for 7/1/... More...
   $0 (04-26-2013 - NM)

William Fowler v. Mehran Harsini

William Fowler sued Mehran Harsini on a breach of contract theory:

09/25/2012 CLS: DISMISSAL WITH PREJUDICE
FILING ORDER DISMISSING WITH PREJUDICE
09/10/2012 REQUEST FOR HEARING/ SETTING D 1
on Motion to Terminate Deposition of William Fowler etc
09/10/2012 MTN: MOTION D 1
to terminate deposition of William Fowler and require PL/... More...
   $0 (09-25-2012 - NM)

Michael L. Lobato v. State of New Mexico

Michael Lobato was a probationary employee at the New Mexico Environmental Department’s Farmington office. His status as a probationary employee meant he could be fired at will and without a right to appeal the decision, so long as the department’s reasons were provided in writing. Before completing his probationary period, Lobato was fired. In a letter explaining its decision, NMED cited Loba... More...   $0 (11-05-2013 - NM)

Market Center East Retail Property, Inc. v. Barak Lurie

Debtor-Appellant Market Center East Retail Property, Inc. (“Market Center”) appeals from the Bankruptcy Appellate Panel (“BAP”), which affirmed the bankruptcy court’s award of attorney’s fees to Appellees Barak Lurie and his firm, Lurie & Park (collectively “Lurie”). Lurie was Market Center’s attorney in completing the sale of a retail shopping center to Lowe’s Home Center (“... More...   $0 (09-19-2013 - NM)

State of New Mexico v. Arnoldo Navarette

1 {1} The main question in this case is whether Crawford v. Washington, 541 U.S. 36 (2004) and its progeny preclude a forensic pathologist from relating subjective observations recorded in an autopsy report as a basis for the pathologist’s trial opinions, when the pathologist neither participated in nor observed the autopsy performed on the decedent. We answer this question affirmatively and con... More...   $0 (01-17-2013 - NM)

Theresa James v. Martin J. Chavez

This case arises out of a standoff between James Murphy, Sr. and the Albuquerque Police Department (“APD”) that ended when a SWAT team officer shot and killed Mr. Murphy in Mr. Murphy’s home. Theresa James, as Mr. Murphy’s estate representative and custodial parent of her and Mr. Murphy’s daughter, brought a complaint in the United States District Court for the District of New Mexico reg... More...   $0 (02-19-2013 - NM)

ConocoPhillips Company v. Patrick H. Lyons

{1} This litigation stems from a dispute over the proper calculation of royalty payments on state oil and gas leases. In New Mexico, the Commissioner of Public Lands (Commissioner) “is hereby authorized to execute and issue in the name of the state of New Mexico, as lessor, leases for the exploration, development and production of oil and natural gas, from any lands belonging to the state of New... More...   $0 (08-24-2012 - NM)

Clarice J. Sanchez v. Tom Vilsack, United States Department of Agriculture

Clarice Sanchez, a long-time secretarial employee of the United States Forest Service (“Forest Service”), suffered irreversible brain damage after falling at work. As a result of her injury, Sanchez lost the left half of her field of vision. She requested a hardship transfer to Albuquerque, New Mexico, where she could better access ongoing medical treatment. After the Forest Service declined t... More...   $0 (09-20-2012 - NM)

Magdelene Lucero v. Sandia Corporation

Plaintiff-Appellant Magdelene Lucero appeals from the district court’s order granting summary judgment to Defendant-Appellee Sandia Corporation, d/b/a Sandia National Laboratories (“Sandia”), on Ms. Lucero’s age discrimination and national-origin discrimination claims. For the following reasons, we affirm the judgment of the district court.

I

A

Ms. Lucero was bor... More...
   $0 (08-28-2012 - NM)

Lenscrafters, Inc. v. Dennis Kehoe, O.D.

{1} We granted certiorari to review a Memorandum Opinion of the Court of Appeals and to address four issues stemming from a lawsuit by LensCrafters to enforce a noncompete provision against optometrist Dennis Kehoe after a sublease contract between the two parties ended. Having reviewed the record in this complex, convoluted, and contentious eleven-year dispute, we hold that (1) the district court... More...   $0 (06-14-2012 - NM)

Marc Brown v. Concord Group Insurance Company

The plaintiffs, Marc and Laurie Brown, appeal an order of the Superior Court (McHugh, J.) granting summary judgment to the defendant, Concord Group Insurance Company (Concord Group), in the plaintiffs’ insurance coverage action. We reverse and remand.

The following facts are taken from the record. In 2003, Eugene Spencer, the insured, built a house located at 4 Whortleberry Island in Tuft... More...
   $0 (04-20-2012 - NM)

Estate of Daniel Ralph Gutierrez v. Meteor Monument, L.L.C.

{1} On August 31, 2003, while driving at approximately 7:00 p.m., Defendant Dean Durand crashed his Ford Bronco into a motorcycle driven by Daniel Gutierrez, ultimately resulting in Gutierrez’s death. Durand admitted that earlier in the afternoon and up until 6:00 p.m., while at the business establishment operated by Defendant Meteor Monument, L.L.C., he had consumed seven twelve-ounce cans of b... More...   $0 (02-22-2012 - NM)

Gabrielle Valdez v. Brent McGill

Gabrielle Valdez, acting as the personal representative of the estate of Doyle “Rocky” Brown, appeals from the district court’s summary judgment for appellees Brent McGill and Mueller Supply Company on claims related to Brown’s discharge. She contends the district court erred because there were genuine issues of material fact which preclude summary judgment on both her: (1) Americans with ... More...   $0 (02-13-2012 - NM)

Abbasid, Inc. d/b/a Azhar's Oriental Rugs v. First National Bank of Santa Fe

Azhar Said and Bina Shahani had an unconventional, and short, marriage. The case before us is one of the repercussions of its demise. Mr. Said was the sole officer and shareholder of Abbasid, Inc., a Texas corporation, which opened Azhar’s Oriental Rugs in Santa Fe in August 2004. Shortly thereafter Ms. Shahani moved to Santa Fe, and she married Mr. Said in December. During the marriage Mr. Said... More...   $0 (01-24-2012 - NM)

John Doe v. City of Albuquerque

This appeal presents us with a difficult issue of first impression. John Doe, a registered sex offender, brought a facial challenge under the First and Fourteenth Amendments to a ban enacted by the City of Albuquerque that prohibited registered sex offenders from entering the City’s public libraries. The district court denied a motion to dismiss brought by the City and ultimately granted summary... More...   $0 (01-20-2012 - NM)

Michael Maestas v. Day & Zimmerman, LLC

Plaintiffs, officers in a private security force that protects Los Alamos National Laboratory, contend that their employer Day and Zimmerman, LLC, and SOC, LLC, (collectively “SOC”) improperly classified them as exempt employees under the Fair Labor Standards Act (“FLSA”), 28 U.S.C. § 201 et seq. Ruling on their contentions, the district court concluded that all plaintiffs were exempt exe... More...   $0 (01-04-2012 - NM)

City of Rio Rancho v. SMREP Southwest, Inc.

{1} In 1985, at the behest of the City of Rio Rancho, Amrep Southwest Inc. recorded a plat for the Vista Hills West Unit 1 (VHWU1) subdivision, granting the City a drainage easement over ten acres identified as Parcel F. In 2004, Amrep sold Parcel F to the Mares group in fee simple, subject to the drainage easement. Mares in turn sold it to Cloudview Estates in fee simple, subject to the same reco... More...   $0 (08-22-2011 - NM)

Isabel Barron v. The Evangelical Lutheran Good Samaritan Society

{1} Defendants The Evangelical Lutheran Good Samaritan Society d/b/a Betty Dare Good Samaritan and Myrna Acosta (collectively Defendants) appeal the district court’s denial of their motion to dismiss and compel arbitration pursuant to an admission agreement. We consider whether Betty Dare resident, Manuela Barron, gave sufficient authorization to her granddaughter, Cindy Chapman, to agree to bin... More...   $0 (09-14-2011 - NM)

Eric Honeyfield v. City of Gallup

Plaintiff-Appellant Eric Honeyfield sued his former employer, Defendant-Appellee City of Gallup (the City), alleging that his employment had been unlawfully terminated in retaliation for his refusal to violate a consent decree under which the City had agreed to certain procedures for its employment practices. The consent decree had settled a prior claim of employment discrimination that had been b... More...   $0 (08-02-2011 - NM)

Carmen M. Alcantar v. Joe Sanchez

{1} This appeal presents issues relating to the garnishment of funds held in a joint bank account. The district court awarded summary judgment in favor of the bank. For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings.

I. STANDARD OF REVIEW

{2} Our standard of review is well settled. “Summary judgment is appropriate where there are... More...
   $0 (04-22-2011 - NM)

Hope Huerta v. Bioscrip Pharmacy Services, Inc.

Following a catastrophic rejection of her transplanted kidney in May of 2006, plaintiff-appellant Blanca Valdez-Huerta, by and through her mother, Hope Huerta, (collectively, “Huerta”), brought this diversity jurisdiction action against BioScrip Pharmacy Services, Inc. (“BioScrip”) in the District of New Mexico. Huerta asserted claims under New Mexico law for strict products liability, neg... More...   $0 (07-12-2011 - NM)

Village of Wagon Mound v. Mora Trust

{1} For a period of at least sixty-five years the Santa Clara Spring (the Spring) has been the sole source of water for the Village of Wagon Mound (the Village), the Mora Trust (the Trust) properties, and the lands owned by Earl and Glenda Berlier and their Wagon Mound Ranch, L.L.C. (the Berliers). A dispute arose between the Village, the Trust, and the Berliers as to the ownership and use of, as ... More...   $0 (12-18-2002 - NM)

Lynn McDonald-Cuba v. Santa Fe Protective Services, Inc.

Lynn McDonald-Cuba brought this action against her former employer, Santa Fe Protective Services, Inc. (SFPS), seeking damages for alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, and New Mexico state law. SFPS responded with counterclaims for breach of contract, intentional interference with prospective economic advantage, and breach of the duty o... More...   $0 (05-09-2011 - NM)

John F. Warner v. Horace Calbert

{1} In this interlocutory appeal, Horace Calvert and Jody Calvert, a.k.a. Jody Lusk, North American Pizza Solutions, Inc. (NAPS) and Albuquerque Pizza Solutions, L.L.C. (APS) (hereinafter referred to as Appellants) appeal the district court’s order appointing Judith Wagner as an expert witness pursuant to Rule 11-706 NMRA and determining that the valuation report prepared by Ms. Wagner in 2009 (... More...   $0 (03-09-2011 - NM)

Edward Villa v. City of Las Cruces

{1} City of Las Cruces (Employer) appeals from a workers’ compensation judge’s (WCJ) compensation order awarding Edward Villa (Worker) disability benefits. The issue is whether Worker’s on-the-job intoxicated state barred him from recovery under the Workers’ Compensation Act (the Act). The issue requires us to consider the meaning and application of two sections of the Act, namely, NMSA 19... More...   $0 (09-22-2010 - NM)

Fran Howell v. New Mexico Department of Aging & Long Term Services, Adult Protective Services Division

In this employment discrimination case, Fran Howell appeals from a district court order that granted summary judgment to her former employer, the Adult Protective Services Division of the New Mexico Department of Aging & Long Term Services (APSD). She also seeks to proceed on appeal in forma pauperis (IFP).1 We have jurisdiction under 28 U.S.C. § 1291, deny IFP status, and dismiss the appeal.
... More...
   $0 (10-12-2010 - NM)

Bill J. Papatheofanis v. Katherine Allen

{1} Defendant Katherine Allen appeals from a jury verdict finding her liable for fraud, breach of fiduciary duty, malicious abuse of process, and defamation. Based on these findings of liability, the jury awarded Plaintiff Bill Papatheofanis, Katherine’s ex-husband, $257,500 in compensatory and punitive damages. On appeal, Katherine argues that there was insufficient evidence to support the elem... More...   $0 (03-16-2010 - NM)

Debra Martinez v. Target Corporation

Debra Martinez appeals from four orders entered by the district court, including a summary judgment in favor of Target Corporation on her claim of age discrimination. See, 29 U.S.C. §§ 621-634. We affirm.

I.

Martinez began working for Target in 1990 at a store in Albuquerque, New Mexico, where she held several positions, the last being Reverse Receiving Specialist. She typicall... More...
   $0 (07-01-2010 - NM)

Alma Arias v. Richard Pacheco

This appeal stems from the District Court’s refusal to grant Plaintiffs’ oral motion to amend the Pretrial Order to include a claim for wrongful arrest on the morning trial was scheduled to begin. Since the District Court did not abuse its discretion, we

AFFIRM.

BACKGROUND

In the early morning hours of April 20, 2005, officers of the Deming, New Mexico Police Department ob... More...
   $0 (06-01-2010 - NM)

Theresa Ortiz v. Overland Express

{1} Robert Baros (Worker) died as a result of an accident that occurred while he was working as a delivery service driver/courier for Overland Express (Employer). The Workers’ Compensation Judge (WCJ) denied workers’ compensation benefits, finding that the sole cause of the accident was Worker’s illegal use of methamphetamine and amphetamine. The issues presented in this appeal are (1) wheth... More...   $0 (04-30-2010 - NM)

Quynh Truong v. Allstate Insurance Company

{1} In this class action case, we are asked to determine the applicability of an exemption
to the Unfair Practices Act (UPA), NMSA 1978, Sections 57-12-1 to -22 (1967, as amended
through 1999), that bars UPA suits based on “actions or transactions expressly permitted
under laws administered by a regulatory body of New Mexico.” Section 57-12-7 (emphasis
added).

{2} Plai... More...
   $0 (03-04-2010 - NM)

Zia Trust Company v. Nancy Causey

In this appeal, Officer Carlos Montoya asks us to reverse the district court’s denial of his motion for summary judgment on excessive force claims brought under 18 U.S.C. § 1983 by family members of a man Officer Montoya shot and killed while responding to a domestic disturbance. After reviewing the facts in the light most favorable to the non-moving party, we affirm the district court’s ruli... More...   $0 (03-09-2010 - NM)

Anne Elizabeth Stanley v. Abacus Technology Corporation

Anne Stanley1 appeals from the district court’s summary judgment in favor of Abacus Technology Corporation, arguing the district court erred in assessing her employment discrimination and retaliation claims. We affirm.2

Background

Stanley was hired by Barry Aguilar and Ken Moore as a photographer for Abacus in December 2004. Abacus photographers provided general photography service... More...
   $0 (01-05-2010 - NM)

Beatrice C. Romero and Michael Ferree v. Philip MOrris, Inc.; R.J. Reynolds Tobacco Co.; Brown & Williamson Tobacco Corp.; Lorillard Tobacco Co.; Liggett Group, Inc; and Brooke Group, Ltd.

{1} This is an appeal from the district court’s grant of summary judgment in favor of Defendants on Plaintiffs’ claim that Defendants engaged in an unlawful conspiracy to fix the prices of cigarettes sold in New Mexico. We affirm the summary judgment in favor of Defendants Liggett and Lorillard; we reverse the summary judgment in favor of Defendants Philip Morris, Brown & Williamson, and ... More...   $0 (02-27-2009 - NM)

Walter Patrick Limacher, et al. v. Jalayne Spivey and State of New Mexico

{1} Plaintiffs Walter Limacher, George Luevano, Wilhelmina Luevano, and Joe Sanchez appeal from a district court order granting summary judgment to Defendants Jalayne Spivey and The State of New Mexico. The district court granted summary judgment for Defendants on the basis of sovereign immunity. We hold that there is no disputed material fact as to whether an employee of the Office of the St... More...   $0 (08-12-2008 - NM)

 
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