Gallup Med Flight, LLC v. Phoenix Insurance Company

Filing 45

ORDER by District Judge Kenneth J. Gonzales granting 39 Plaintiff's Motion to Dismiss Without Prejudice. Defendant's request for an award of attorney's fees and costs is also granted. Defendant's brief supporting request for award of attorney's fees and costs due 10/4/2017; Plaintiff's response due 10/18/2017; Defendant's reply due 11/1/2017. (tah)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO GALLUP MED FLIGHT, LLC, Plaintiff, vs. Civ. No. 16-01197 KG/KBM PHOENIX INSURANCE COMPANY Defendant. ORDER This matter comes before the Court upon Plaintiff’s First Amended Motion to Dismiss Without Prejudice (Motion to Dismiss), filed on May 4, 2017. (Doc. 39). Defendant’s Response was filed on May 18, 2017, and Plaintiff’s Reply was filed on June 1, 2017. (Docs. 40, 41). The Court conducted a hearing on the Motion to Dismiss on September 20, 2017, in which Andrew L. Johnson represented Plaintiff, and Jennifer A. Noya represented Defendant. At the close of the hearing, the Court, having considered the motion, briefs, relevant law, and argument by counsel at the hearing, and being otherwise fully informed, granted the Motion to Dismiss. IT IS, THEREFORE, ORDERED that 1. for the reasons stated on the record at the September 20, 2017, hearing, the Plaintiff’s Motion to Dismiss (Doc. 39) is granted in that Plaintiff’s claims are dismissed without prejudice; 2. Defendant’s request for an award of attorney’s fees and costs is also granted; 3. Defendant must file its brief supporting the request for an award of attorney’s fees and costs on or before October 4, 2017; 4. Plaintiff may file a response to Defendant’s brief on or before October 18, 2017; 5. Defendant may file a reply on or before November 1, 2017; and 1 6. a final order of dismissal will be entered once the court determines the attorney’s fees and costs award. __________________________________ UNITED STATES DISTRICT JUDGE 2

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