Vigil Sanchez v. Walgreens Family of Companies et al

Filing 49

ORDER by District Judge Kenneth J. Gonzales granting 24 Defendant Walgreen Properties' Motion for Judgment on the Pleadings. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JANET VIGIL SANCHEZ,
Plaintiff,
vs.

Civ. No. 17-1168 KG/LF

WALGREENS FAMILY OF COMPANIES,
WALGREEN CO., WALGREEN
HASTINGS CO., WALGREENS STORE
NO. 3367, WALGREEN PROPERTIES,
INC., SDG8011 HARPER, LLC, and
JOHN DOE,
Defendants.
ORDER DISMISSING DEFENDANT WALGREEN PROPERTIES, INC.
This matter comes before the Court upon the Opposed Motion for Judgment on the
Pleadings as to Walgreen Properties, Inc. (Motion for Judgment on the Pleadings), filed on
February 8, 2018. (Doc. 24). On February 22, 2018, Plaintiff filed a response and Defendant
Walgreen Properties, Inc. filed a reply on March 2, 2018. (Docs. 28 and 30). On June 15, 2018,
the Court held a telephonic hearing on the Motion for Judgment on the Pleadings. Matthew
Tucker represented Plaintiff at the telephonic hearing and Alex Walker represented Defendants.
Having considered the Motion for Judgment on the Pleadings, the accompanying
briefing, and the argument of counsel at the telephonic hearing, and for the reasons stated on the
record at the June 15, 2018, telephonic hearing,
IT IS ORDERED that
1. the Opposed Motion for Judgment on the Pleadings as to Walgreen Properties, Inc.
(Doc. 24) is granted;

2. Plaintiff’s claims against Defendant Walgreen Properties, Inc. are dismissed with
prejudice, thereby terminating Defendant Walgreen Properties, Inc. as a defendant in this case;
3. attorney’s fees and costs will be awarded to Defendant Walgreen Properties, Inc. for
bringing the Opposed Motion for Judgment on the Pleadings as to Walgreen Properties, Inc.;
4. on or before June 29, 2018, Defendant Walgreen Properties, Inc. must serve and file a
brief with appropriate affidavits and time records to support the award for attorney’s fees and
costs; and
5. on or before July 16, 2018, Plaintiff may serve and file a response to that brief and its
supporting evidence.

_________________________________
UNITED STATES DISTRICT JUDGE

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