Lowther et al v. Children Youth and Families Department et al

Filing 257

ORDER ON PLAINTIFFS' UNOPPOSED MOTION TO DISMISS WITH PREJUDICE DEFENDANT CYFD FROM COUNTS IV, VI AND VIII by District Judge Kea W. Riggs. Plaintiffs' [255} Unopposed Motion to Dismiss with Prejudice Defendant CYFD from Counts IV, VI and VIII is GRANTED. Defendant CYFD shall be DISMISSED from Counts IV, VI and VII, WITH PREJUDICE. (ve)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ADAM LOWTHER and JESSICA
LOWTHER on behalf of themselves
and as next friends to their minor children,
W.L. and A.L.,
Plaintiffs,
v.

No. 1:18-cv-00868-KWR-JFR

CHILDREN YOUTH AND FAMILIES
DEPARTMENT, BERNALILLO COUNTY
SHERIFF’S DEPARTMENT,
MARIA MORALES, in her personal capacity
acting under color of state law, ANDREA
MILES, in her personal capacity acting under
color of state law, JACOB WOOTTON, in his
personal capacity acting under color of state law,
CATHERINE SMALLS, in her personal capacity
acting under color of state law, BRIAN
THORNTON, in his personal capacity acting
under color of state law, and MARTIN LOZANO,
in his personal capacity acting under color of state
law,
Defendants.
ORDER ON PLAINTIFFS’ UNOPPOSED MOTION TO DISMISS WITH PREJUDICE
DEFENDANT CYFD FROM COUNTS IV, VI AND VIII
THIS MATTER having come before the Court on Plaintiffs’ Unopposed Motion to
Dismiss Defendant CYFD from Counts IV, VI and VIII and the Court finding that the motion is
WELL-TAKEN and should be GRANTED,
HEREBY ORDERS THAT Defendant CYFD shall be DISMISSED from Counts IV,
VI and VII, WITH PREJUDICE.

IT IS SO ORDERED.

__________________________________
KEA W. RIGGS
UNITED STATES DISTRICT JUDGE
Respectfully submitted,
/s/ Vincent J. Ward
Vincent J. Ward
H. Jesse Jacobus, III
FREEDMAN BOYD HOLLANDER
GOLDBERG URIAS & WARD P.A.
20 First Plaza NW, Suite 700
Albuquerque, NM 87102
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
and
Rachel E. Higgins
Attorney at Law
111 Tulane Drive SE
Albuquerque, NM 87106
Phone: [phone]
[e-mail]
Attorneys for Plaintiffs

Approved by:

BUTT THORNTON & BAEHR PC
/s/ Sarah L. Shore, Electronically Approved July 16th, 2021
Sarah L. Shore
Jane A. Laflin
Valentina E. Basile
PO Box 3170
Albuquerque, NM 87190-3170
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants Children Youth and
Families Department, Maria Morales, and
Andrea Miles