Martinez et al v. Continental Tire The Americas, LLC

Filing 756

ORDER GRANTING JOINT MOTION TO DISMISS WITH PREJUDICE by District Judge Kea W. Riggs. The 755 Joint Motion to Dismiss with Prejudice is GRANTED. All claims, including claims for attorneys' fees and costs, that were or could have been brought by Plaintiff, Jose Prieto against Defendant, Continental Tire the Americas, LLC are DISMISSED WITH PREJUDICE. (ve)

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Case 1:17-cv-00922-KWR-JFR Document 756 Filed 04/27/23 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO IRMA MARTINEZ, FELIPE MARTINEZ, LARRY MUNN, JOSE PRIETO, and LEE HUNT, as Personal Representative of the Estate of ABEL PORTILLO, deceased, Plaintiffs, vs. No. 1:17-cv-00922-KWR-JFR CONTINENTAL TIRE THE AMERICAS, LLC, an Ohio Limited Liability Company, Defendant. ORDER GRANTING JOINT MOTION TO DISMISS WITH PREJUDICE THIS MATTER having come before the Court on the Unopposed Motion of Plaintiff Jose Prieto (“Prieto”) and Defendant, Continental Tire the Americas, LLC (“CTA”) to Dismiss with Prejudice Prieto’s claims against CTA, the Court finds that the Motion is WELL-TAKEN and should be GRANTED. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that all claims, including claims for attorneys’ fees and costs, that were or could have been brought by Prieto against CTA are DISMISSED WITH PREJUDICE. IT IS SO ORDERED. _________________________________ KEA W. RIGGS UNITED STATES DISTRICT JUDGE Case 1:17-cv-00922-KWR-JFR Document 756 Filed 04/27/23 Page 2 of 3 SUBMITTED BY: Attorneys for Defendant Continental Tire The Americas, LLC By: /s/ Donald A. DeCandia Donald A. DeCandia HARTLINE BARGER LLP 141 Palace Ave., Suite 100 Santa Fe, New Mexico 87501 Telephone: (505) 336-5291 ddecandia@hartlinebarger.com ~ and ~ Walter M. Yoka Anthony F. Latiolait Bret R. Henry Shauna Avrith YOKA & SMITH, LLP 445 South Figueroa Street, 38th Floor Los Angeles, CA 90017 Tel.: 213-427-2300 wyoka@yokasmith.com alatiolait@yokasmith.com bhenry@yokasmith.com APPROVED BY: Attorneys for Plaintiff Jose Prieto By: /s/ Electronically approved 1/12 /2023 Steven K. Sanders LAW OFFICES OF STEVEN K. SANDERS 820 Second Street NW Albuquerque, NM 87102 (505) 243-7170 stevenksanders@aol.com 2 Case 1:17-cv-00922-KWR-JFR Document 756 Filed 04/27/23 Page 3 of 3 Attorneys for Plaintiffs Irma Martinez, Felipe Martinez, Larry Munn and Lee Hunt, as Representative of the Estate of Abel Portillo, deceased By: /s/ Electronic approval by Randi McGinn on 04/26/2023 Randi McGinn Michael E. Sievers Mixcoatl “Mish” Miera-Rosete MCGINN MONTOYA LOVE & CURRY PA 201 Broadway Blvd. SE Albuquerque, New Mexico 87102 (505) 843-6161 Randi@McGinnLaw.com Mike@McGinnLaw.com Mish@McGinnLaw.com ~ and ~ Dicky Grigg SPIVEY & GRIGG, LLP 3303 Northland Drive, #205 Austin, TX 78731-4955 (512) 474-6061 dicky@spivey-law.com 3

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