STC.UNM v. Quest Diagnostics Incorporated et al

Filing 73

ORDER ADOPTING 72 REPORT AND RECOMMENDATIONS by District Judge Martha Vazquez ; DENYING 10 Motion to Dismiss; and GRANTING 12 Motion to Remand. This matter is remanded to the Second Judicial District Court, County of Bernalillo, State of New Mexico. (gr)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO STC.UNM, Plaintiff, v. CIV 17-1123 MV/KBM QUEST DIAGNOSTICS INCORPORATED and QUEST DIAGNOSTICS CLINICAL LABORATORIES, INC., Defendants. ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION Magistrate Judge Karen B. Molzen filed her Proposed Findings and Conclusions of Law on March 8, 2019, (Doc. 72) in which she recommended that STC.UNM’s Motion to Remand (Doc. 12) be granted and STC.UNM’s Motion to Dismiss Defendants’ Counterclaims (Doc. 10) be denied as moot. The proposed findings notify the parties of their ability to file objections and that failure to do so waives appellate review. As of today, no objections have been filed, and there is nothing in the record indicating that the proposed findings were not delivered. Wherefore, IT IS HEREBY ORDERED AS FOLLOWS: 1. The Magistrate Judge’s Proposed Findings and Conclusions of Law (Doc. 72) is ADOPTED; 2. STC.UNM’s Motion to Remand (Doc. 12) is GRANTED; -2- 3. STC.UNM’s Motion to Dismiss Defendants’ Counterclaims (Doc. 10) is DENIED AS MOOT; 4. This matter is remanded to the Second Judicial District Court, County of Bernalillo, State of New Mexico. UNITED STATES DISTRICT JUDGE

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