District Court for the District of New Mexico Court Cases

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  1. Yu v. Brown (1999)

    Michael H. Hoses, Joan M. Hart, U.S. Attorney's Office, District of New Mexico, Albuquerque, Pauline Terrelonge, U.S. Department of Justice, Office of Immigration, Washington, DC, for defendants.


    Court: District Court for the District of New Mexico Docket: CIV 97-1491 MV/WED
  2. WESTERN PCS II v. Extraterritorial Zoning Auth. (1997)

    THIS MATTER comes before the Court on the Petitioner's Verified Petition for Review of Zoning Decision, for Writ of Certiorari, and for Writ of Mandamus (Docket No. 1), Petitioner's Notice of Appeal (Docket No. 2), Petitioner's Statement of Appellate Issues (Docket No. 18), and Respondents' Statement of Appellate Issues and Response to Appellant's Statement of Appellate Issues (Docket No. 20). The Court, having considered the pleadings submitted by the parties, the arguments of counsel, and [...]

    Court: District Court for the District of New Mexico Docket: Civil 96-1473 LH/DJS
  3. Martinez v. Albuquerque Collection Serv. (1994)

    THIS MATTER came on for a hearing on September 30, 1994, on Plaintiff Yvonne Martinez's August 5, 1994 motion for partial summary judgment and Defendant Albuquerque Collection Services, Inc.'s September 9, 1994 cross motion for partial summary judgment. The Court, having heard the arguments of counsel and having reviewed the pleadings, the submissions of the parties, and the relevant law, and being otherwise fully advised of the premises, finds Plaintiff's motion for partial summary judgment is [...]

    Court: District Court for the District of New Mexico Docket: Civ. No. 93-1468 JB
  4. Friends of Santa Fe County v. LAC Minerals, Inc. (1995)

    Douglas Meiklejohn, Douglas W. Wolf, New Mexico Environmental Law Center, Santa Fe, NM, Daniel G. Cooper, San Francisco, CA, Michael R. Lozeau, San Francisco BayKeeper, San Francisco, CA, for plaintiffs.


    Court: District Court for the District of New Mexico Docket: Civ. No. 94-0569 JB/LH/DJS
  5. Forest Guardians v. US Forest Service (2001)

    John W. Zavitz, U.S. Attorney's Office, Albuquerque, N.M., Andrew A. Smith, U.S. Department of Justice, Albuquerque, N.M., Lois J. Schiffer, U.S. Department of Justice, Washington, D.C., for Defendant.


    Court: District Court for the District of New Mexico Docket: CV 00-714 JP/KPM-ACE
  6. Greve v. Gibraltar Enterprises (1949)

    Plaintiff, John A. Greve, brought this action in the United States Court for the District of New Mexico. He alleges a violation of the anti-trust statutes and prays judgment for three-fold recovery as provided in those laws. Plaintiff is a resident of Eagle, Colorado, and owns and operates moving picture theatres in various towns in Colorado. At one time he owned and operated the West Theatre at Craig, Colorado.


    Court: District Court for the District of New Mexico Docket: Civ. A. No. 1460
  7. In Re Otero Mills, Inc. (1982)

    THIS APPEAL from the Bankruptcy Court, 21 B.R. 645, 21 B.R. 777, for the District of New Mexico is taken by Security Bank and Trust [Bank] from an order of July 1, 1982. That order permanently enjoined the Bank from executing or otherwise collecting upon its state-court judgment against Charles Dugan. Dugan is the president of the bankrupt corporation, Otero Mills, Inc. [Otero], and a guarantor of two loans made by the Bank to Otero. (Dugan has not filed for bankruptcy.) Appeal is also taken [...]

    Court: District Court for the District of New Mexico Docket: Bankruptcy No. 82-00217ML, Civ. No. 82-772-JB
  8. Hospice of New Mexico, LLC v. Sebelius (2010)

    THIS MATTER came before the Court on the parties' cross-motions for summary judgment. (Docs. 13 & 15.) For the reasons set forth below, the Court finds that 42 C.F.R. § 418.309(b)(1) is invalid and should be set aside, Plaintiff's Motion for Summary Judgement/Stay (Doc. 15) is GRANTED, and Defendant's Motion for Summary Judgment (Doc. 13) is GRANTED IN PART and DENIED IN PART.


    Court: District Court for the District of New Mexico Docket: CIV 09-00145 RB-LFG
  9. Lewis v. Weinberger (1976)

    This action is brought to challenge the validity of the procedure by which the Indian Health Service (IHS) distributes contract medical care. Specifically, plaintiffs attack the IHS policy and practice, as followed in the Albuquerque Area, of denying contract medical care to off-reservation Indians.


    Court: District Court for the District of New Mexico Docket: Civ. Nos. 74-524-b, 74-526-B
  10. Russey v. Rankin (1995)

    THIS MATTER came on for consideration of the Plaintiff's Amended Motion for Partial Summary Judgment, filed March 2, 1993. The Court has reviewed the motion, the memoranda submitted by the parties and the relevant authority. The Court finds that the motion is well-taken in part and not well-taken in part as further explained below.


    Court: District Court for the District of New Mexico Docket: CIV. 92-766 MV/DJS, CIV 92-776 MV/DJS
  11. Salazar v. Furr's, Inc. (1986)

    This is a suit alleging discriminatory employment policies and practices and seeking relief under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and under state tort law. Plaintiff asserts eight counts in her Complaint: Count I for unlawful discrimination under Title VII, Count II for abusive discharge, Count III for breach of an implied contract, Count IV for tortious breach of the covenant of good faith and fair dealing, Count V for tortious interference with [...]

    Court: District Court for the District of New Mexico Docket: CIV-84-1769 C
  12. Nechero v. Provident Life & Acc. Ins. Co. (1992)

    This matter came on for consideration on defendant's Motion for Summary Judgment, filed November 15, 1991, plaintiffs' Motion for Partial Summary Judgment, filed November 13, 1991, and Motions to Strike filed December 19, 1991 and January 13, 1992. Defendant originally sought dismissal on three grounds, first, that all of Mrs. Nechero's health insurance claims have been paid, second, that Mrs. Nechero is not a covered dependent because of her Medicare status, and third, that all of plaintiffs' [...]

    Court: District Court for the District of New Mexico Docket: 91-231-M Civ
  13. Shorty v. Capital One Bank (2000)

    THIS MATTER comes before the Court upon Capital One's Motion for Judgment on the Pleadings, filed February 24, 2000 (Doc. 24). This case is based on Plaintiff's claim that Capital One violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-1692o by sending Plaintiff a debt validation notice for a debt which Capital One knew was time-barred by the statute of limitations. Specifically, Plaintiff alleges that Capital One violated 15 U.S.C. § 1692e(2)(A) which prohibits the [...]

    Court: District Court for the District of New Mexico Docket: CIV991018 JC/LFG
  14. Burnett v. Trans World Airlines, Inc. (1973)

    Jurisdiction in this removed personal injury action is founded on diversity of citizenship. The parties have submitted to the court for disposition cross-motions for summary judgment pursuant to Rule 56, Fed.R.Civ.P. Plaintiff moves for partial summary judgment on the issue of liability while defendant moves for summary judgment by dismissal of the action.


    Court: District Court for the District of New Mexico Docket: Civ. No. 9735
  15. Tayyari v. New Mexico State University (1980)

    This case is before the Court on application by Plaintiffs for a declaratory judgment and permanent injunction. Money damages are not sought. Plaintiffs are 15 Iranian citizens, students at New Mexico State University (NMSU), and in good standing with the Immigration and Naturalization Service (INS) in respect to visa status. Defendants are NMSU, the Board of Regents of NMSU (Regents) and the five individual members of the Board of Regents. By letter of August 6, 1980 to the United States [...]

    Court: District Court for the District of New Mexico Docket: CIV-80-0447 C
  16. United States v. Zapata-Trevino (2005)

    THIS MATTER comes before the Court on Defendant Juan Zapata-Treviño's Objections to the Presentence Report and Sentencing Memorandum, filed February 25, 2005 [Doc. No. 16]. The Court, having considered the motion, briefs, relevant law and being otherwise fully informed, ruled at the sentencing hearing that the Defendant's advisory Guidelines sentence would be reduced pursuant to Booker v. United States, 543 U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). The Court now sets forth the basis [...]

    Court: District Court for the District of New Mexico Docket: CR 04-2346MV
  17. United States v. Taylor (2009)

    THIS MATTER comes before the Court on Defendant Taylor's Motion to Exclude Firearm Identification Evidence [Doc. 277]. The Court held a Daubert hearing on this motion on September 2nd and 3rd, 2009, at which the Court heard the testimony of Defense expert Adina Schwartz, Ph.D. (Dr. Schwartz), and Government expert Ron G. Nichols (Mr. Nichols). Having considered the parties' written and oral arguments, the testimony of Dr. Schwartz and Mr. Nichols, and the applicable law, the Court finds that [...]

    Court: District Court for the District of New Mexico Docket: Case No. CR 07-1244 WJ
  18. United States v. Mc (2004)

    THIS MATTER comes before the Court on Defendant M.C.'s Motion to Dismiss Indictment for Lack of Jurisdiction, filed May 14, 2002. The Court, having considered the motion, briefs, relevant law and being otherwise fully informed, finds that the motion is well taken and will be GRANTED.


    Court: District Court for the District of New Mexico Docket: CR-02-219MV
  19. Schwartzman Inc. v. Atchison Topeka Santa Fe Ry. (1994)

    THIS MATTER came on for a hearing on June 28, 1994, on Defendant's February 15, 1994 motion for summary judgment as to counts I, IV, and VIII, Defendant's February 15, 1994 motion for partial summary judgment on counts II and III, and Defendant's February 15, 1994 motion for summary judgment on counts VI and VII. Having reviewed the pleadings, the relevant law, and having heard the arguments of counsel, the Court finds Defendant's motion as to counts I, IV, and VIII is well taken in part and is [...]

    Court: District Court for the District of New Mexico Docket: Civ. No. 93-0307 JB
  20. Dillon v. Fiorina (1972)

    The federal constitutionality of certain portions of the New Mexico election code are in issue in this action. Except for plaintiff Durham, a qualified voter desiring to vote for another plaintiff herein, all the plaintiffs are persons interested in filing in the next primary election for the nomination for United States Senator.


    Court: District Court for the District of New Mexico Docket: Civ. No. 9340

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