MTGLQ Investors, LP v. Wellington et al

Filing 222

JUDGMENT AWARDING ATTORNEY FEES by District Judge Kenneth J. Gonzales. Fees awarded to Plaintiff against Defendant Monica L. Wellington. (tah)

Case 1:17-cv-00487-KG-LF Document 222 Filed 10/30/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MTGLQ INVESTORS, LP,
Plaintiff,
vs.

1:17-cv-00487-KG-LF

MONICA L. WELLINGTON, THE MONICA L.
WELLINGTON DECLARATION OF TRUST
DATED DECEMBER 28, 2007, ALTURA VILLAGE
HOMEOWNERS’ ASSOCIATION, INC., JP MORGAN
CHASE BANK, N.A.,
Defendants.
JUDGMENT AWARDING ATTORNEY FEES
THIS MATTER comes before the Court on Plaintiff MTGLQ Investors, LP’s
(“MTGLQ”) MOTION TO Enforce Order Awarding of Attorney Fees filed on January 3, 2020.
Doc. 208. Defendant Monica Wellington did not file a response within the time to do so.1
Accordingly, MTGLQ filed a notice of completion of briefing on April 6, 2020. Doc. 218. “The
failure of a party to file and serve a response in opposition to a motion within the time prescribed
for doing so constitutes consent to grant the motion.” D.N.M.LR-Civ. 7.1(b). The Court, having
read the motion, noting that Ms. Wellington has failed to file a response and thereby consents to
the Court granting the motion, and being fully advised, finds that the motion is well taken and
will GRANT it.
On January 18, 2019, the Court awarded MTGLQ a portion of the fees it requested
pursuant to Federal Rule of Civil Procedure 37. See Doc. 145. The Court ordered Ms.

“A response must be served and filed within fourteen (14) calendar days after service of the
moiton.” D.N.M.LR-Civ. 7.4(a).
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Case 1:17-cv-00487-KG-LF Document 222 Filed 10/30/20 Page 2 of 2

Wellington to pay MTGLQ $623.50 plus New Mexico gross receipts tax—the reasonable
expenses MTGLQ incurred in responding to Ms. Wellington’s motion to compel—no later than
February 8, 2019. Doc. 145 at 2. To date, Ms. Wellington has not paid the money to MTGLQ or
it’s counsel.
IT IS THEREFORE ORDERED, ADJUDGED and DECREED that Plaintiff MTGLQ
Investors, LP, recover from Defendant Monica L. Wellington $623.50 in reasonable attorney’s
fees, plus the applicable gross receipts tax.

_______________________________
UNITED STATES DISTRICT JUDGE

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