Wilson v. Montano et al
ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDED DISPOSITION by District Judge Kenneth J. Gonzales granting 237 Joint Motion for Sanction of Dismissal for Failure to Appear at Properly Noticed Deposition; granting 251 Motion to Dismiss; and vacating 35 Order Granting Motion to Consolidate Cases. (tah)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MICHAEL WILSON, SR.,
Civ. No. 11-658 KG/SCY
LAWRENCE MONTANO, et al.,
DUSTIN SARRETT, et al.,
Civ. No. 11-1021 KG/SCY
ROY A. CORDOVA, et al.,
ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
This matter comes before the Court upon the Motion to Dismiss Under Rules 41(a), 16(f),
and 37(d)(1)(A), filed December 1, 2017, and the Joint Motion for Sanction of Dismissal for
Failure to Appear at Properly Noticed Deposition Under Rule 37(d)(1)(A)(i), filed November 8,
2017. (Docs. 251 and 237).1 On November 28, 2017, the Court referred these motions to
Magistrate Judge Steven Yarbrough for entry of proposed findings and a recommended
disposition. (Docs. 246 and 247). Judge Yarbrough held a hearing on the motions on December
22, 2017. (Docs. 250 and 268).
Then, on January 19, 2018, Judge Yarbrough entered his Proposed Findings and
Recommended Disposition (PFRD) in which he recommends granting the motions and
Unless otherwise indicated, all citations are to the record in the lead case, Civ. No. 11-658
dismissing with prejudice Plaintiff Michael Wilson’s lawsuit, Civ. No. 11-658 KG/SCY, and
dismissing with prejudice Plaintiffs Dustin Sarrett and Oscar Leyva’s claims in Civ. No. 11-1021
KG/SCY. (Doc. 279). Judge Yarbrough notified the parties that they had 14 days from the
service of the PFRD to file any objections to the PFRD. Id. at 23. No party filed objections to
the PFRD. Instead, Valencia County Defendants filed Defendants’ Statement in Support of
Recommendations Dated January 19, 2018 [Doc. 279] (Defendants’ Statements) on February 2,
2018. (Doc. 283).
Upon review of the PFRD and Defendants’ Statements, I concur with Judge Yarbrough’s
findings and recommendations and will adopt the PFRD. In doing so, the remaining case will be
Civ. No. 11-1021 KG/SCY, thereby making consolidation no longer necessary.
IT IS, THEREFORE, ORDERED that:
1. the Court adopts the PFRD (Doc. 279);
2. the Motion to Dismiss Under Rules 41(a), 16(f), and 37(d)(1)(A) (Doc. 251) is
3. the Joint Motion for Sanction of Dismissal for Failure to Appear at Properly Noticed
Deposition Under Rule 37(d)(1)(A)(i) (Doc. 237) is granted;
4. the Court will dismiss with prejudice Plaintiff Wilson’s lawsuit, Civ. No. 11-658
5. the Court will dismiss with prejudice Plaintiffs Sarrett and Leyva’s claims in Civ. No.
11-1021 KG/SCY; and
6. the Order Granting Motion to Consolidate Cases (Doc. 35) is vacated.
UNITED STATES DISTRICT JUDGE
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