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Summary: 829 F. Supp. THIS MATTER is before the Court on the motion of Defendants Ray Gallagher, Robert Rohlfs, Michael Harpster, William Rehm, Ted Drennan and Bernalillo County Sheriff Department for summary judgment as to all counts of Plaintiff Sabrina Pike's amended complaint. Norton v. Liddel, 620 F.2d 1375, 1381 (10th Cir.1980); Madison v. *1261 Deseret Livestock Co., 574 F.2d 1027, 1037 (10th Cir.1978). Exnicious v. United States, 563 F.2d 418 (10th Cir.1977). FOURTH AMENDMENT CLAIM Defendants cla......read more.


Summary: 375 F. Supp. The primary issue is whether Arizona's crime of Attempted Aggravated Assault is a "crime of violence" under § 2L1.2(b)(1)(A)(ii) of the United States Sentencing Guidelines ("U.S.S.G."). Because the Defendant Sergio Rosales-Valdez' prior conviction in Arizona for attempted aggravated assault is a crime of violence for purposes of the federal sentencing guidelines, the Court will grant the United States' motion and set aside the plea agreement. Because the prior conviction at issue — ......read more.


Summary: 955 F. Supp. 1338 (1996) Rudy ORTIZ, Plaintiff, v. SAN MIGUEL COUNTY, and Francisco Apodaca, Donald Guerin, Ernesto Roybal, I. Lloyd Herrera, Eloy Gonzales, and Frank Griego in their official and individual capacities, Defendants. Plaintiff, however, contends that Defendants did not actually eliminate his position, and that the County fired him because of his friendship and political affiliation with Roy Gallegos and Ernest Quintana. Defendants filed a motion for summary judgment on May 15, 1996......read more.


Summary: 23 F. Supp. 2d 1271 (1998) George R. SCHWARTZ, M.D., Plaintiff, v. AMERICAN MEDICAL ASSOCIATION; American College of Emergency Physicians; Brian McCormick; and Does 1 through 50, inclusive, Defendants. On June 18, 1998, Defendant American College of Emergency Physicians filed a motion for summary judgment, and on June 23, 1998, Defendant American Medical Association and Defendant Brian McCormick filed a substantially similar motion for summary judgment. I. LEGAL STANDARDS A. Summary Judgment Sta......read more.


Summary: 15 B.R. 862 (1981) In re James Willard CARLTON and Helen Vera Carlton, Debtors. James Willard CARLTON and Helen Vera Carlton, Plaintiffs-Appellees, v. INTERNAL REVENUE SERVICE, Defendant-Appellant. Judge Johnson of the Bankruptcy Court on February 24, 1981 issued a document entitled "Findings of Fact, Conclusions of Law and Decision."


Summary: 79 F. Supp. After conducting a three-day evidentiary hearing and carefully reviewing the applicable law, I conclude that at this time there is no condition or combination of conditions of pretrial release that will reasonably assure the appearance of Dr. Lee as required and the safety of any other person, the community, and the nation. According to the Government, Dr. Lee gathered these files from the secure classified "red" partition computers at the Los Alamos National Laboratory ("LANL") and ......read more.


Summary: 923 F. Supp. 190 (1996) Richard NAGOL, Plaintiff, v. STATE OF NEW MEXICO, Edward Apodaca, New Mexico Department of Public Safety, Defendants. § 30-22-3 (Michie Supp.1994). Defendants have collectively filed a motion to dismiss Plaintiff's case for failure to state a claim upon which relief can be granted, and this motion is now before the Court.Albright v. Rodriguez, 51 F.3d 1531, 1534 (10th Cir.1995) (citations omitted). Snell v. Tunnell, 920 F.2d 673, 696 (10th Cir.1990). *193 The Tenth Circui......read more.


Summary: 739 F. Supp. Plaintiffs allege that the policies and procedures of LVMC that govern P & A's access to patients and records violate the patients' constitutional right of access to the courts as guaranteed by the due process clause of the Fourteenth Amendment and the Protection and Advocacy for Mentally Ill Individuals of 1986, 42 U.S.C. § 10801 et seq. (the Act). Plaintiffs also allege violation of P & A's constitutional right of access to LVMC patients, facilities, and records as guaranteed unde......read more.


Summary: 177 F. Supp. 2d 1261 (2001) Robert SEEDS and Laura Seeds, Plaintiffs, v. Richard LUCERO, individually and in his official capacity, The City of Espanola, John Lenssen, individually and in his official capacity, Anthony VanderVossen and Kathy Vandervossen, and Six Unknown Employees of the City of Espanola, Defendants. *1262 Scott F. Voorhees, Santa Fe, NM, for Plaintiffs. Even though the Seeds Property is zoned residential, they individually own and operate two towing businesses within the confin......read more.


Summary: 778 F. Supp. In his Response, R. Bhandari argues that the items of evidence that the Defendants seek to exclude are relevant to his claims and have probative value far in excess of any harm to the Defendants. Also on January 20, 2011, R. Bhandari filed his Response in Opposition to Defendants' Motions in Limine, in which R. Bhandari addresses the matters relevant to R. Bhandari's counter-defense and asks the Court to deny the Defendants' motions in limine. The Defendants argue that evidence rega......read more.


Summary: 376 F. Supp. 2d 1105 (2004) Angela WEST, Plaintiff, v. Gale NORTON, Secretary, United States Department of the Interior, Defendant. The primary issue is whether a genuine issue of material fact exists with respect to the Plaintiff Angela West's discrimination and retaliation claims against the Defendant. Because the Court finds that West has not demonstrated that any genuine issue of material fact exists requiring a trial on any of her claims, the Court will grant the Defendant's Motion for Summ......read more.


Summary: 12 F. Supp. Specifically, Plaintiff alleges that the "storage fee" is a charge imposed incident to the extension of credit and that Ray Vickers' failure to include the "storage fee" as a finance charge is a violation of the Federal Truth in Lending Act ("TILA") and constitutes an excessive pawn service charge in violation of the New Mexico Pawnbrokers Act. Plaintiff also alleges that the standard pawn ticket issued by Ray Vickers contains numerous violations of TILA and the New Mexico Pawnbroker......read more.


Summary: 506 F. Supp. The primary issues are: (i) whether the Court should consider information relating to uncharged, dismissed, and acquitted conduct that the United States Probation Office ("UPSO") included in the Pre-Sentence Report ("PSR"); and (ii) whether, based upon that information, the Court should use U.S.S.G. § 2A3.1, rather than § 2A3.4, to determine the base offense level. Because the Court believes it should consider all the information in the PSR, but does not believe it should use all th......read more.


Summary: 377 F. Supp. See Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 671 (10th Cir.1998)(citing Celotex Corp. v. Catrett, 477 U.S. at 324, 106 S. Ct. 2548). See Applied Genetics Int'l v. First Affiliated Secs., Inc., 912 F.2d 1238, 1241 (10th Cir.1990). See Tavery v. United States, 32 F.3d 1423, 1426 n. 4 (10th Cir.1994). "Kelley v. Goodyear Tire & Rubber Co., 220 F.3d 1174, 1177 (10th Cir.2000). MacDonald v. E. Wyoming Mental Health Ctr., 941 F.2d 1115, 1121 (10th Cir.1991)(quoting Palucki v. Sears, ......read more.


Summary: 773 F. Supp. THIS MATTER comes before the Court on Petitioner Carl Case's Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus by a Person in State Custody [Doc. 18], the parties' extensive supplemental briefing and argument presented at the December 9-10, 2010 evidentiary hearing, along with the state court record and the relevant law governing habeas corpus petitions. As set forth below, the Court FINDS that Mr. Case has satisfied the requirements articulated in 28 U.S.C. § 2244(b)(2)(B......read more.


Summary: 535 F. Supp. *357 Elvin Kanter, Willard F. Kitts, Elizabeth E. Whitefield, Albuquerque, N. M., for plaintiff. Accordingly, Specter's group formed Electrical Products Company of New Mexico (EPCO), the plaintiff in this case, and in May of 1976 CCC and EPCO entered into their first agreement (the 1976 Agreement). Both parties began to operate under the 1976 Agreement: EPCO performed maintenance on leased signs and received payments from CCC; EPCO also renewed leases with CCC's customers and, after......read more.


Summary: 358 F. Supp. David L. Norvell, Atty. Gen., Mark B. Thompson, III, Santa Fe, N. M., Richard J. Smith, Asst. Attys. Gen., Victor R. Ortega, U. S. Atty., James B. Grant, Asst. U. S. Atty., Albuquerque, N. M., and Charles E. Stratton, Trial Atty., Tax Bureau, U. S. Dept. of Justice, Washington, D. C., for defendants Landis & Shultz & United States; James Bryce, Bureau of Revenue, Santa Fe, N. M., for Bureau of Revenue of State of N. M., John C. Cook, Santa Fe, N. M., for defendants O'Cheskey & King.......read more.


Summary: 11 F. Supp. 2d 1313 (1998) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, and John Otero, Plaintiff-intervenor, v. WAL-MART STORES, INC., Defendant. *1314 *1315 *1316 *1317 Ronald F. Ross, John J. Kelly, U.S. Attorney's Office, Albuquerque, NM, Philip B. Sklover, Gregory Stewart, Legal Counsel Office, Washington, DC, Robert B. Harwin, Susan B. Biggs, Christopher Lage, E.E.O.C., San Antonio, TX, for Plaintiff. BACKGROUND The Equal Employment Opportunity Commission (EEOC) and John Otero broug......read more.


Summary: 784 F. Supp. 226, 228 (10th Cir.2005) (affirming an order from a "magistrate judge prohibit[ing] the LLC from proceeding without counsel"); Harrison v. Wahatoyas, LLC, 253 F.3d at 556 ("As a general matter, a corporation or other business entity can only appear in court through an attorney and not through a non-attorney corporate officer appearing pro se."). "Smith v. Ford Motor Co., 626 F.2d 784, 796 (10th Cir.1980) (quoting Woods Constr. Bylin v. Billings, 568 F.3d 1224, 1230 n. 7 (10th Cir.20......read more.


Summary: 755 F. Supp. 2d 1138 (2010) David HAUFF, Plaintiff, v. Morgan PETTERSON and Safeco Insurance Company of America, Defendants. THIS MATTER comes on for consideration of Defendant Safeco Insurance Company of America's Motion for Partial Summary Judgment, filed May 26, 2010 (Doc. 45) and Defendant Morgan Petterson's Motion for Summary Judgment, filed May 28, 2010 (Doc. Plaintiff David Hauff sought payment from Safeco under an insurance policy. After the parties did not settle, Mr. Hauff brought vari......read more.