Ramos v. Foam America, Inc., et al

Filing 230

ORDER finding as moot 181 Motion for Summary Judgment by Chief Magistrate Judge Carmen E. Garza. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
REFUGIO RAMOS,
Plaintiff,
v.

CV No. 15-980 CG/KRS

FOAM AMERICA, INC., et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
THIS MATTER is before the Court on Defendants Great Northern Holding, LLC
and Harrisonville Equipment Company’s Motion for Summary Judgment on Count I Strict Liability, (Doc. 181), filed October 2, 2017, and on Defendants Reeves Roofing
Equipment Co., Inc., JNR Enterprises, Inc., Joe Reeves, John Reeves and Amy
Reeves’ (the “Reeves Defendants”) Notice of Joinder, (Doc. 194), filed October 16,
2017. Defendants Great Northern Holding, LLC (“Great Northern”), Harrisonville
Equipment Company (“HECO”), and the Reeves Defendants through their notice of
joinder, ask the Court to dismiss Plaintiff’s strict liability claim against them because that
claim is barred by the federal enclave doctrine. The Court has already dismissed
Plaintiff’s strict liability claim against Great Northern and HECO, (Doc. 229), and has
dismissed the Reeves Defendants for lack of jurisdiction, (Doc. 220). Therefore, the
Court FINDS that Defendants Great Northern Holding, LLC and Harrisonville Equipment
Company’s Motion for Summary Judgment on Count I - Strict Liability, (Doc. 181), is
MOOT.
IT IS SO ORDERED.
________________________________
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE