Welch v. City of Albuquerque et al

Filing 374

ORDER by District Judge Kenneth J. Gonzales granting 373 Joint Motion to Dismiss Count IV Against David Hubbard with Prejudice. Defendant David Hubbard terminated. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
TERYSA M. WELCH,
Plaintiff,
v.

No. 1:11-cv-00700 KG-SCY

CITY OF ALBUQUERQUE,
a New Mexico Municipality, et al.,
Defendants.

STIPULATED ORDER DISMISSING COUNT IV AGAINST DAVID HUBBARD WITH
PREJUDICE
THIS MATTER came before the Court on the Joint Motion for a stipulated order
dismissing Count IV in Plaintiff’s Second Amended Complaint For Deprivation of Civil Rights
Pursuant Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sections 1983 and 1985, the New
Mexico Human Rights Act, the New Mexico Peace Officer’s Employer-Employee Relations Act
and for Injunctive Relief [Doc. 88] (the “Complaint”) against David Hubbard with prejudice. As
grounds, the parties agree that the only remaining claim against David Hubbard is stated in
Count IV of the Complaint. Based on this Court’s ruling in its Memorandum Opinion and Order
[Doc. 267], this Count cannot be asserted against this Defendant because there was a mistake of
fact. There is no just reason for delay in entry of an order dismissing David Hubbard as a party
in this action. The parties further agree that each party shall bear their own costs and fees
associated with the dismissal of this Count against this Defendant. This does not apply to any
verdict obtained on Count I, the Title VII claim against the City.

The Court having reviewed the Motion, and being otherwise fully advised in the
premises, FINDS that the Motion is well taken and Count IV of the Complaint should be
dismissed with prejudice against David Hubbard, with each party bearing their own costs and
fees associated with the dismissal of this Count against David Hubbard.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Complaint is
dismissed with prejudice against David Hubbard and that each party shall bear their own costs
and fees associated with the dismissal of the Complaint against him.

____________________________________
UNITED STATES DISTRICT JUDGE
Submitted by:
WIGGINS, WILLIAMS & WIGGINS
A Professional Corporation
By /s/ Patricia G. Williams
Patricia G. Williams
Lorna M. Wiggins
Attorneys for Defendants
1803 Rio Grande Blvd., N.W. (87104)
P.O. Box 1308
Albuquerque, New Mexico 87103-1308
[phone]
[e-mail]
[e-mail]

AND

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THE LAW OFFICE OF RYAN J. VILLA

By /s/ Ryan J. Villa (approved via email 4-18-2018)
Ryan J. Villa
Richelle Anderson
Attorneys for Plaintiff
2501 Rio Grande Blvd. NW, Ste. A.
Albuquerque, NM 87104
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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