Public Service Company of New Mexico v. Approximately 15.49 Acres of Land et al
ORDER Regarding Defendants Continental Divide Electric Cooperative, Inc. and Transwestern Pipeline, LLC by Chief Magistrate Judge Carmen E. Garza. (atc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
PUBLIC SERVICE COMPANY OF
CV No. 15-501 JAP/CG
APPROXIMATELY 15.49 ACRES OF LAND
IN MCKINLEY COUNTY, NEW MEXICO, et al.,
LORRAINE BARBOAN, et al.
CV No. 15-826 JAP/CG
PUBLIC SERVICE COMPANY OF
NEW MEXICO, et al.
ORDER REGARDING DEFENDANTS CONTINENTAL DIVIDE ELECTRIC
COOPERATIVE, INC. AND TRANSWESTERN PIPELINE, LLC
THIS MATTER is before the Court upon review of the record. On June 11, 2018,
the Court ordered the parties to notify the Court regarding the status of Defendants
Continental Divide Electric Cooperative, Inc., and Transwestern Pipeline, LLC, who had
not been participating in the case. (Doc. 166). Specifically, the parties were ordered to
state whether these Defendants “will be dismissed from the case, or will participate in
On July 31, 2018, in response to the Court’s Order, Defendant Transwestern
Pipeline, LLC filed a notice stating it has “disclaimed any interest and waives notice as
to all matters pertaining to this proceeding,” and that “Transwestern will not participate
further in this proceeding.” (Doc. 170). The parties filed a separate response to the
Court’s order, in which they state that “counsel for Continental told the Parties to state to
the Court that ‘Continental Divide Electric Cooperative remains an interested party that
is actively monitoring the case.’” (Doc. 171 at 2).
The Court’s rules do not provide for named defendants to “waive notice” or
“actively monitor” a proceeding. As such, as long as Defendants Continental Divide
Electric Cooperative, Inc., and Transwestern Pipeline, LLC, are named parties, they
must participate in the case by attending hearings and other proceedings, unless they
receive prior approval by the Court to be excused. Such approval will only be granted
upon a timely, unopposed motion to the Court.
IT IS THEREFORE ORDERED that Defendants Continental Divide Electric
Cooperative, Inc., and Transwestern Pipeline, LLC, are required to participate in this
case as long as they are named Defendants.
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?