United States District Court for the District of New Mexico, 2012

83 opinions

REPUBLICAN PARTY OF NEW MEXICO, Republican Party of Dona Ana County, Republican Party of Bernalillo County, New Mexico Turn Around, New Mexicans for Economic Recovery PAC, Harvey Yates, Rod Adair, Conrad James, Howard James Bohlander, and Mark Veteto, Plaintiffs, v. Gary KING, in his official capacity, New Mexico Attorney General, Dianna Duran, in her official capacity, New Mexico Secretary of State, and District Attorneys Kari Brandenburg, Janetta Hicks, Amy Orlando, and Angela R. Pacheco, in their official capacities, Defendants 2012-01-05
UNITED STATES of America, Plaintiff, v. Derrick Ivan JIM, Defendant 2012-01-06
SCHERING CORPORATION, now known as Merck & Co. and Old Republic Insurance Company, Plaintiffs, v. Donald J. GRIFFO, Thomas Gonzales, Gina Delfino, individually and as Personal Representative of the Estate of Manuel Delfino, and as Parent and Next Friend of Domonic Sena and Gabriel Delfino, minors, Defendants 2012-01-17
Lori VIGIL, Plaintiff, v. MORA INDEPENDENT SCHOOLS, Defendant 2012-01-19
George P. MITCHELL, Plaintiff, v. ZIA PARK, LLC, d/b/a Zia Park & Black Gold Casino, and Penn National Gaming, Inc., Defendants 2012-02-01
Elsie TOM, as personal representative of the Estate of Sam Tom, Plaintiff, v. S.B., INC., et al., Defendants 2012-02-10
UNITED STATES of America, Plaintiff, v. Herbert HARWOOD, Defendant 2012-02-13
UNITED STATES of America, Plaintiff, v. Julio REYES-VENCOMO, Defendant 2012-02-13
UNITED STATES of America, Plaintiff, v. Kalvest GANADONEGRO, Defendant 2012-02-14
UNITED STATES of America, Plaintiff, v. Kalvest GANADONEGRO, Defendant 2012-02-14
Larry WHITING, Leroy Whiting, & Lorenzo Garcia, Plaintiffs, v. Dana HOGAN; Clark Moving and Storage, Inc.; Mayflower Transit, LLC & The Hanover Insurance Company, Defendants 2012-02-28
S2 AUTOMATION LLC, Plaintiff, v. MICRON TECHNOLOGY, INC., Defendant 2012-03-05
Constance A. SAWYER, Plaintiff, v. USAA INSURANCE COMPANY, Blue Cross Blue Shield Association, Blue Cross Blue Shield of Kansas City, Blue Cross Blue Shield of New Mexico, and Nueterra Healthcare, Defendants 2012-03-08
UNITED STATES of America, Plaintiff, v. Abraham BOBADILLA-CAMPOS and Bianca Sanchez-Caballero, Defendants 2012-03-19
Michael VALDEZ, Kim Dressel, Dressel Construction, Inc., Freddie Sue Gatewood, Mary Jo Vaughn, and Marcus Perkins, Plaintiffs, v. METROPOLITAN PROPERTY & CASUALTY INSURANCE COMPANY, Colorado Casualty Insurance Company A Subsidiary Of Liberty Mutual Insurance Company, Pacific Indemnity Insurance Company, Travelers Insurance Company, d/b/a The Travelers Home and Marine Insurance Company, 21st Century Insurance Company, and Desert Mountain Agency, Defendants 2012-03-19
Donovan TANNER, Plaintiff, v. SAN JUAN COUNTY SHERIFFS OFFICE, An agency of San Juan County, New Mexico, and Deputy Sheriff Dale Frazier, Individually, and as an Employee of San Juan County Sheriffs Office, and Deputy Sheriff Terry McCoy, individually and as an Employee of San Juan County Sheriffs Office, and Farmington Police Department, an Agency of the City of Farmington, New Mexico, and Misty Taylor, Individual, and as an Employee of, Farmington Police Department, Defendants 2012-03-21
THI OF NEW MEXICO AT VIDA ENCANTADA, LLC, Thi of New Mexico, LLC, Fundamental Administrative Services, LLC, and Fundamental Clinical Consulting, LLC, Plaintiffs, v. Mary Louise LOVATO, as Personal Representative of the Wrongful Death Estate of Guadalupe Duran, deceased, Defendant 2012-03-22
C.H., as the parent of R.H., a minor child, Plaintiff, v. LOS LUNAS SCHOOLS BOARD OF EDUCATION, Bernard Saiz, Mario Zuniga, Kelly Lee and Rance Hall, Gerald Sanchez, Michael Carroll, James Romero, Defendants 2012-03-23
Chinonyerem OSUAGWU, Plaintiff, v. GILA REGIONAL MEDICAL CENTER, John Doe, and Jane Doe, Defendants 2012-03-27
The HARTFORD FIRE INSURANCE COMPANY, Plaintiff/Counter-Defendant, v. GANDY DANCER, LLC; BNSF Railway Company; and Roy D. Mercer, LLC., Defendants; and BNSF Railway Company, Counter-Plaintiff, v. The Hartford Fire Insurance Company, Counter-Defendant 2012-03-28
REHOBOTH McKINLEY CHRISTIAN HEALTHCARE SERVICES, INC., Plaintiff, v. UNITED STATES OF AMERICA DEPARTMENT OF HEALTH AND HUMAN SERVICES; Presbyterian Medical Services, Inc., d.b.a. Western New Mexico Counseling; Nancy YatesEamick, and XYZ Insurance Company, Defendants 2012-03-28
PUEBLO OF SANTA ANA, and, Tamaya Enterprises, Inc., Plaintiffs, v. Honorable Nan G. NASH, District Judge, New Mexico Second Judicial District, Division XVII, in her Official Capacity; Gina Mendoza, as Personal Representative Under the Wrongful Death Act of Michael Mendoza, Deceased; F. Michael Hart, as Personal Representative Under the Wrongful Death Act of Desirée Mendoza, Deceased; and Dominic Montoya, Defendants 2012-04-10
Lynda GARCIA, Plaintiff, v. METROPOLITAN LIFE INSURANCE CO., Paul Revere Life Insurance Company, and Unum Group, Defendants 2012-04-13
Lynda GARCIA, Plaintiff, v. METROPOLITAN LIFE INSURANCE CO., Paul Revere Life Insurance Company, and Unum Group, Defendants 2012-04-13
Sebastian Melero VALDEZ, Petitioner, v. Ray TERRY, Warden, Respondent 2012-04-18
UNITED STATES of America, Plaintiff, v. Terri REESE, Rick Reese, and Ryin Reese, Defendants 2012-04-30
Diana COFFEY, on her own behalf and on behalf of the estate of Andrew Crutcher, deceased, and also, as next friend, on behalf of her minor grandchildren, Joanelle Crutcher, Rachelle Crutcher, Alex Benally, Andrew Crutcher, Vick Crutcher, Kitana Crutcher, and Drew Crutcher, Plaintiffs, v. UNITED STATES of America, Defendant 2012-05-02
Anthony S. BULL, Plaintiff, v. BGK HOLDINGS, LLC, BGK Equities, Inc., BGK Equities II, LLC, BGK Equities III, LLC, BGK Equities IV, LLC, BGK Equities V, LLC, Renaissance Development Group, LLC, Rosemont Realty, LLC, Rosemont Real Estate Holdings, L.P., and Edward M. Gilbert, Defendants 2012-05-07
UNITED STATES of America, Plaintiff, v. Michael HARMON, Defendant 2012-05-10
UNITED STATES of America, Plaintiff, v. Juan Manuel FUENTES-ONTIVEROS, Defendant 2012-05-18
FEDERATED TOWING & RECOVERY, LLC, a New Mexico Limited Liability Company, Plaintiff, v. PRAETORIAN INSURANCE COMPANY, a Foreign Insurance Company; and Deep South Surplus, Inc., a Foreign Corporation, Defendants 2012-05-21
Sandra MONTOYA, on Behalf of her Minor Child, S.M., Rebecca Archuleta, on behalf of her Minor Child, E. S., Bernadette Gallegos on behalf of Her Minor Child, R.P., Charlene Guinn, on behalf of her Minor Child S.V., Andrea Serna on behalf of her Minor child C.G., Jerry and Michelle Trujillo on behalf of their Minor Child, G.T., and Elizabeth McCall-Guinn on Behalf her Minor Child, S.M.G., and all others similarly situated, Plaintiffs, v. ESPAÑOLA PUBLIC SCHOOL DISTRICT BOARD OF EDUCATION, Superintendent Janette Archuleta, Associate Superintendent Dorothy Sanchez, Española Valley High School Assistant Principal Devanna Ortega, Carlos Vigil Middle School Seventh Grade Principal Lewis Johnson, Carlos Vigil Middle School Assistant Principal Dennis Gallegos, in their individual capacities; City of Española Police Officers Bryan Martinez and Danny Pacheco, in their individual capacities; Elias Coriz and Cheryl Montoya, individually and as owners of Big Ross, Inc. d/b/a ProSec Services; Big Ross Security Guards Geraldine Martinez, Jason Archuleta, Defendant Security Guard John Doe, in their individual capacities, Defendants 2012-05-22
Lawrence LANE, On Behalf of Himself, and All Others Similarly Situated, Plaintiff, v. Barbara PAGE, Sosimo S. Padilla, Joe S. Chavez, Josie Castillo, Charles V. Pena, Georgia Baca, Troy K. Benavidez, Ray Mares, Jr., Randolph M. Sanchez, Westland Development Company, Inc., Suncal Companies Group, The D.E. Shaw Group, D.E. Shaw & Co. L.P., D.E. Shaw Real Estate Portfolios 1, LLC, (Desco Real Estate), D.E. Shaw & Co., LLC, D.E. Shaw & Co., Inc., D.E. Shaw Investment Group, LLC, D.E. Shaw & Co. II, Inc., George Rizk, Anne Dinning, Scc Nm Member LLC, SCC Westland Venture LLC, Westland Holdco, Inc, SCC Acquisition Corp, SCC Acquisitions Inc., Westland Spe Gp, LLC, Westland Devco, LP, and Westland Devco, LLC, Defendants 2012-05-22
Flor Jazmin CARRASCO, Petitioner, v. Daniel CARRILLO-CASTRO, Respondent 2012-05-29
Philip J. MONTOYA as the Chapter Seven Trustee of the Bankruptcy Estate of William L. Doak and Vicky L. Doak, William L. Doak, individually, and Doak Transportation, Inc., Plaintiffs, v. FINANCIAL FEDERAL CREDIT, INC., Defendant 2012-05-30
Cornele A. OVERSTREET, Regional Director, Region 28 of the NATIONAL LABOR RELATIONS BOARD, For and On Behalf of the National Labor Relations Board, Petitioner, v. ALBERTSONS, LLC, Respondent 2012-05-31
UNITED STATES of America, Plaintiff, v. Michael KELLY, Defendant 2012-06-20
Robert J. RIETHER and Judy Riether, Plaintiffs, v. UNITED STATES of America, Defendant 2012-06-21
UNITED STATES of America, Plaintiff, v. Derrick Ivan JIM, Defendant 2012-06-22
Byron TODD, Plaintiff, v. Tomas MONTOYA, Ron Torres, Director of the Metropolitan Detention Center, and The Board of County Commissioners of Bernalillo County, Defendants 2012-06-24
WELLS FARGO BANK, National Association, Successor by Merger to First Security Bank, N.A., as Indenture Trustee for Southeastern New Mexico Affordable Housing Corporation Multifamily Housing Revenue Refunding Bonds (Casa Hermosa Apartments) Series 1997A, Plaintiff, v. SOUTHEASTERN NEW MEXICO AFFORDABLE HOUSING CORPORATION and The United States Department of Housing and Urban Development, Defendants 2012-06-27
SKYLINE POTATO COMPANY, INC., A Colorado Corporation, Plaintiff, v. TAN-O-ON MARKETING, INC. d/b/a TMI; a Colorado corporation with a principal place of business in New Mexico, Hi-Land Potato Company, Inc., a Colorado corporation; Gerald R. Anderson, in his individual capacity and As Director/Shareholder of Tan-O-On Marketing Inc., Julie A. Anderson, in her individual capacity and as Director/Shareholder of Tan-O-On Marketing Inc., Mark Lounsbury, in his individual capacity and as Director/Shareholder of Tan-O-On Marketing Inc., Bill Metz, in his individual capacity and As Director/Shareholder of Tan-O-On Marketing Inc., and Carl Worley, in his individual capacity, as Director/Shareholder of Tan-O-On Marketing Inc., and as Director/Shareholder Hi Land Potato Company, Defendants; and Folson Farm Corporation, Potandon Produce, L.L.C., Mart Produce Corporation, Billingsley Produce Sales, Inc., Alsum Produce, Inc., and Peterson Bros. River Valley Farms, Inc., Intervening Plaintiffs, v. Tan-O-On Marketing, Inc. d/b/a TMI, and Hi-Land Potato Company, Inc., Defendants; and Tan-O-On Marketing, Inc. d/b/a TMI; Gerald R. Anderson, Julie A. Anderson, Third-Party Plaintiffs, v. Hi-Land Potato Company, Inc.; and Carl Worley, RPE, Inc. and Russell Wysocki, Third-Party Defendants 2012-07-04
SKYLINE POTATO COMPANY, INC., A Colorado Corporation, Plaintiff, v. TAN-O-ON MARKETING, INC. d/b/a TMI; a Colorado corporation with a principal place of business in New Mexico, Hi-Land Potato Company, Inc., a Colorado corporation; Gerald R. Anderson, in his individual capacity and as Director/Shareholder of Tan-O-On Marketing Inc., Julie A. Anderson, in her individual capacity and as Director/Shareholder of Tan-O-On Marketing Inc., Mark Lounsbury, in his individual capacity and as Director/Shareholder of Tan-O-On Marketing Inc., Bill Metz, in his individual capacity and As Director/Shareholder of Tan-O-On Marketing Inc., and Carl Worley, in his individual capacity, as Director/Shareholder of Tan-O-On Marketing Inc., and as Director/Shareholder Hi Land Potato Company, Defendants, and Folson Farm Corporation, Potandon Produce, L.L.C., Mart Produce Corporation, Billingsley Produce Sales, Inc., Alsum Produce, Inc., and Peterson Bros. River Valley Farms, Inc., Intervening Plaintiffs, v. Tan-O-On Marketing, Inc. d/b/a TMI, and Hi-Land Potato Company, Inc., Defendants, and Tan-O-On Marketing, Inc. d/b/a TMI; Gerald R. Anderson, Julie A. Anderson, Third-Party Plaintiffs, v. Hi-Land Potato Company, Inc.; and Carl Worley, RPE, Inc. and Russell Wysocki, Third-Party Defendants 2012-07-06
Nicholas ARANDA, Plaintiff, v. FOAMEX INTERNATIONAL d/b/a FXI, Inc., Defendant 2012-07-11
UNITED STATES of America, Plaintiff, v. Edward CHRISTY, Defendant 2012-07-16
Dennis OBRIEN and Board of County Commissioners of the County of Santa Fe, Plaintiffs, v. David E. MITCHELL, Personal Representative of the Estate of Walter Mitchell, Defendant 2012-07-21
S2 AUTOMATION LLC, Plaintiff, v. MICRON TECHNOLOGY, INC., Defendant; and Micron Semiconductor Israel, Ltd., Counterclaimant in Intervention, v. S2 Automation, LLC, S2 Automation Israel, Ltd., Yosef Astanovsky, Counterdefendants in Intervention 2012-07-23
In re THORNBURG MORTGAGE, INC. SECURITIES LITIGATION 2012-07-24
Leonardo PEREZ, Plaintiff, v. QWEST CORPORATION and Rick Maggine, Defendants 2012-07-26
WILDEARTH GUARDIANS, Plaintiff, v. Lisa P. JACKSON, in her official capacity as Administrator, United States Environmental Protection Agency, Defendant 2012-08-02
UNITED STATES of America, Plaintiff, v. Edward CHRISTY, Defendant 2012-08-02
UNITED STATES of America, Plaintiff, v. Rafael GOXCON-CHAGAL, and Maria Vianey Medina-Copete, Defendants 2012-08-03
UNITED STATES of America, Plaintiff, v. Robert NIPPER, Sheila Nipper, John A. Kirschke, and Carolyn Kirschke, Defendants 2012-08-03
UNITED STATES of America, Plaintiff, v. Rafael GOXCON-CHAGAL, and Maria Vianey Medina-Copete, Defendants 2012-08-05
Jason KERNS, Archie Kerns, and Mary Ann Kerns, Plaintiffs, v. BOARD OF COMMISSIONERS OF BERNALILLO COUNTY, Bernalillo County Sheriff Darren White, in his individual and his official capacity, Bernalillo County Sheriffs Detectives Brian Lindley, Ralph Gonzales, and James Hamsten, in their individual capacities, Bernalillo County Sheriff Deputies Lawrence Koren, Sean Connors, Aaron Wright, Timothy Hix, and Rhonda Moya, in their individual capacities, The City of Albuquerque, Albuquerque Police Department Officers Drew Bader, Matt Thompson, Russell Carter, Robert Johnston and James Montoya, in their individual capacities, Metropolitan Forensic Science Center Firearm and Tool Mark Examiner Mike Haag, in his individual capacity, and John Does 1-10, in their individual capacities, Defendants 2012-08-22
UNITED STATES of America, Plaintiff, v. John Charles McCLUSKEY, Defendant 2012-08-27
In re: The Matter of James W. KLIPSTINE, Jr., Esq. 2012-08-28
UNITED STATES of America, Plaintiff, v. Reehahlio CARROLL, Defendant 2012-09-10
Jerry D. ISLER, Plaintiff, v. The NEW MEXICO ACTIVITIES ASSOCIATION, Defendant 2012-09-20
WAGNER EQUIPMENT CO., Plaintiff, v. Jason WOOD, individually and dba PAMF Excavation and Logging, and PAMF Excavation, LLC, Defendants 2012-09-24
Michael SEGURA, Plaintiff, v. Paul COLOMBE, individually and in his official capacity, The Board of County Commissioners of Santa Fe County, and, Greg Solano, individually and in his capacity as Santa Fe County Sheriff, Defendants 2012-09-24
THI OF NEW MEXICO AT HOBBS CENTER, LLC, and Thi of New Mexico, LLC, Plaintiffs, v. Jason SPRADLIN, as Personal Representative of the Wrongful Death Estate of Douglas A. Spradlin, Jr., Deceased, Defendant 2012-09-25
Eric RICO, Plaintiff, v. XCEL ENERGY, INC., and Southwestern Public Service Company, Defendants 2012-09-25
Loydale KIRVEN, Plaintiff, v. CURRY COUNTY DETENTION CENTER, Warden Johnson, Cris Sena, et al., in their individual and official capacities, Defendants 2012-09-26
Donna L. BRUBACH, Esther Casaus-Garcia, Deborah Ferrara-Heh, Max C. Herrera, Michael Mathis, Gerald Million, Michael Moreno, Yolanda Moreno, Ted Paez, William Rogers, Walter M. Small, Velma Tapia-Chavez, Rick Walker, and Thelma West, on behalf of themselves and all others similarly situated, Plaintiffs, v. CITY OF ALBUQUERQUE, Defendant 2012-09-27
Catherine COLLINS, Ph.D., Loretta DeLong, Ed. D., Sandra A. Garcia, Lucille Gallegos-Jaramillo, Ph.D., Jeanelle S. Livingston, Maria Chavez-Medina, Rose M. Martinez, Mary Ann McCann, Elizabeth A. Trujillo, Nadine M. Vigil, and Esther C. Winter, Plaintiffs, v. TAOS BOARD OF EDUCATION, Taos Municipal School District; Arsenio Cordova; Lorraine Coca-Ruiz; Stella Gallegos; Roberto J. Gonzales; Peter Baston; and Ideas Business Technology Integration, LLC, Defendants 2012-09-27
Tyler GLOVER, Individually, and as Personal Representative Over the Estate of Devon Edward Glover, Plaintiff, v. Jan GARTMAN, Warden, Lea County Detention Center, Bradley Rice, Christopher Collins, and Javier Rios, In their personal capacity and official capacity, Defendants 2012-09-27
Maurice PRISSERT and Claude Prissert, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. EMCORE CORPORATION, et al., Defendants 2012-09-28
Martin H. POEL, Plaintiff, v. William WEBBER, Steven Vogel, and Robert Robles, Defendants 2012-09-29
Francisco S. ARCHULETA, Plaintiff, v. CITY OF ROSWELL, New Mexico, Al Solis, Travis Holley, Jessica Palmer, David Hernandez, Renee L. Camacho, Defendants 2012-09-30
Juan Fabian CHAVEZ, Plaintiff, v. BOARD OF COUNTY COMMISSIONERS OF SIERRA COUNTY, Sierra County Detention Center, Supervisor Detention Officer John Doe, Medical Detention Officer David Estavillo, Detention Officer John Doe, and Detention Officer Sgt. C. Chavez, each officer individually and each in their official capacities, Defendants 2012-09-30
UNITED STATES of America, Plaintiff, v. Edward CHRISTY, Defendant 2012-09-30
David MONTOYA and Michael Montoya, Plaintiffs, v. Gerald SHELDON, an Officer Employed by the Albuquerque Police Department, a Subsidiary of the City of Albuquerque, Individually and in his Official Capacity, Angelo Lovato, an Officer Employed by the Albuquerque Police Department, a Subsidiary of the City of Albuquerque, Individually and in his Official Capacity, The City of Albuquerque and The Albuquerque Police Department, Defendants 2012-10-07
David MONTOYA and Michael Montoya, Plaintiffs, v. Gerald SHELDON, an Officer Employed by the Albuquerque Police Department, a Subsidiary of the City of Albuquerque, Individually and in his Official Capacity, Angelo Lovato, an Officer Employed by the Albuquerque Police Department, a Subsidiary of the City of Albuquerque, Individually and in his Official Capacity, The City of Albuquerque and The Albuquerque Police Department, Defendants 2012-10-08
David MONTOYA and Michael Montoya, Plaintiffs, v. Gerald SHELDEN, an Officer Employed by the Albuquerque Police Department, a Subsidiary of the City of Albuquerque, Individually and in his Official Capacity, Angelo Lovato, an Officer Employed by the Albuquerque Police Department, a Subsidiary of the City of Albuquerque, Individually and in his Official Capacity, and the City of Albuquerque, Defendants 2012-10-12
Nagibullah NABI, Petitioner, v. Ray TERRY, Warden of Otero County Processing Center, in his official capacity, Adrian Macias, El Paso Field Office Director, Immigration and Customs Enforcement, Eric H. Holder, Jr., U.S. Attorney General in their official capacity, Respondents 2012-10-29
Timothy HARTNETT, Plaintiff, v. PAPA JOHNS PIZZA USA, INC., Defendant 2012-10-29
Sandra MONTOYA, on Behalf of her Minor Child, S.M., et al., Plaintiffs, v. ESPAÑOLA PUBLIC SCHOOL DISTRICT BOARD OF EDUCATION, et al., Defendants 2012-11-07
Zelda JIRON and Simon Jiron, Plaintiffs, v. CHRISTUS ST. VINCENT REGIONAL MEDICAL CENTER, Defendant; St. Vincent Hospital, d/b/a Christus St. Vincent Regional Medical Center, Third-party Plaintiff, v. United States of America, Third-party Defendant 2012-11-07
Maurice PRISSERT and Claude Prissert, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. EMCORE CORPORATION, et al., Defendants 2012-11-07
James DAVIS, Petitioner, v. INTERNAL REVENUE SERVICE, Respondent 2012-11-08
UNITED STATES of America, Plaintiff, v. Donna L. ROACH, Kelly D. Roach, and Michael G. Patterson, Defendants 2012-11-09
Constance A. SAWYER, Plaintiff, v. USAA INSURANCE COMPANY, Blue Cross Blue Shield of Kansas City, Nueterra Healthcare, and Cobraguard, Defendants 2012-11-09