Burke v. State of New Mexico, et al

Filing 248

ORDER by Magistrate Judge Stephan M. Vidmar GRANTING IN PART and DENYING IN PART 231 Defendants' Motion to Limit Summary Judgment Briefing and to Deny Plaintiff's Motion for Partial Summary Judgment on Counts I and III Without Prejudice. (jcm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
HEATHER BURKE,
Plaintiff,
v.

No. 16-cv-0470 SMV/JFR

STATE OF NEW MEXICO GENERAL SERVICES
DEPARTMENT, EDWYNN BURCKLE, JAY HONE,
ANGELA DAWSON, BRENDA GUETHS, and
KAREN BALTZLEY,
Defendants.1
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’
MOTION TO LIMIT SUMMARY JUDGMENT BRIEFING
THIS MATTER is before the Court on Defendants’ Motion to Limit Summary Judgment
Briefing and to Deny Plaintiff’s Motion for Partial Summary Judgment on Counts I and III Without
Prejudice [Doc. 231], filed on September 30, 2019. Plaintiff responded on October 8, 2019.
[Doc. 233]. Defendants replied on October 11, 2019. [Doc. 238]. The Court held Oral Argument
on the Motion on October 16, 2019. [Doc. 243]. The parties have consented to have the
undersigned conduct dispositive proceedings and enter final judgment in this matter. [Doc. 104].
The Court has considered the briefing, the relevant portions of the record, the relevant law, and
the oral argument. For the reasons stated on the record at the October 16, 2019 Oral Argument,
Defendants’ Motion is GRANTED IN PART and DENIED IN PART.

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The State of New Mexico is no longer a party in this action. See [Docs. 50, 53]. All other Defendants were named
in Plaintiff’s Amended Complaints [Docs. 53, 54] following remand from the Tenth Circuit.

IT IS ORDERED, ADJUDGED, AND DECREED that Defendants’ Motion [Doc. 231]
is GRANTED to the extent that Plaintiff may not file additional motions for partial summary
judgment or motions for summary judgment without filing a motion requesting leave of Court.
See United States v. Copar Pumice Co., No. 09-cv-1201 JP/KBM, 2013 WL 12159365, at *3–6
(D.N.M. Sept. 12, 2013).
IT IS FURTHER ORDERED that Defendants’ request that the Court deny without
prejudice Plaintiff’s pending Motion and Memorandum in Support of Partial Summary Judgment
on Count I: Fair Pay for Women Act and Count III: Inspection of Public Records Act [Doc. 230]
is DENIED. Defendants must respond to this Motion no later than October 30, 2019.
IT IS SO ORDERED.
_____________________________
STEPHAN M. VIDMAR
United States Magistrate Judge

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