Moya et al v. Board of County Commissioners, et al.

Filing 45

STIPULATED ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 44 Plaintiff's Unopposed Motion to Dismiss with Prejudice (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MARIA FLORINDA LEYVA MOYA,
Personal Representative in the Matter of the
Estate of Daniel Leyva,
Plaintiff,
v.

Civ. No. 16-916 SMV/GJF

BOARD OF COUNTY COMMISSIONERS ex rel.
DONA ANA COUNTY, et al.,
Defendants.
ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION TO DISMISS
WITH PREJUDICE THE THIRD AMENDED COMPLAINT AS TO
ALL DEFENDANTS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a(2)
THIS MATTER came before the court upon Plaintiff’s Unopposed Motion To Dismiss With
Prejudice The Third Amended Complaint As To All Defendants Pursuant To Federal Rule Of Civil
Procedure 41(A(2). THE COURT, having been advised that Blaine T. Mynatt, counsel for Defendants
Board Of County Commissioners ex rel. Dona Ana County, Dona Ana County Detention Center,
Unknown Jail Officers And Employees, Agents, Contractors, Jointly And Severally, And John Does 120, and Henry J. Paoli, Counsel for Defendants Corizon Health Inc., Tamara Rush, RN., Janet Diaz,
MHT, and Sergio Castillo, M.D, are unopposed to the motion, this court FINDS that the motion is well
taken and should be granted;
IT IS THEREFORE THE ORDER OF THE COURT that Plaintiff’s Unopposed Motion To
Dismiss With Prejudice The Third Amended Complaint As To All Defendants Pursuant To Federal
Rule Of Civil Procedure 41(A(2) shall be and is hereby granted;
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Defendants Board Of
County Commissioners Ex Rel. Dona Ana County, Dona Ana County Detention Center, Corizon
Health Inc., Tamara Rush, RN., Janet Diaz, MHT, Sergio Castillo, M.D., And Unknown Jail Officers
And Employees, Agents, Contractors, Jointly And Severally, And John Does 1-20, shall be and are
hereby dismissed with prejudice as Defendants in this case.

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_________________________________
STEPHAN M. VIDMAR
U.S. Magistrate Judge
Submitted and Approved by:

Approved by:

/s/Jose R. Coronado
JOSE R. CORONADO
119 N. Main Street
Las Cruces, NM 88001
[phone]
[phone] – Fax
[e-mail]

Unopposed
BLAINE T. MYNATT
Holt Mynatt Martinez, P.C.
1660 Hickory Loop
Las Cruces, NM 88004
[phone]
Fax [phone]
[e-mail]

Attorney for Plaintiff
Attorney for Defendants Board of County
Commissioners ex rel., Dona Ana County,
Dona Ana County Detention Center, Unknown
Jail Officers And Employees, Agents, Contractors,
Jointly And Severally, And John Does 1-20
and
SCOTT HULSE, P.C.
201 North Church Street, Suite 201
Las Cruces, NM 88001
[phone]
575-522-0006 Facsimile
or
1100 Chase Tower
201 E. Main Dr.
El Paso, Texas 79901
[phone]
[phone] Telecopier
Unopposed
JOSHUA DWYER
NM State Bar No. 138077
[e-mail]
HENRY J. PAOLI, Admitted pro hac vice
Texas State Bar No. 240302926
[e-mail]
Attorneys for Defendants Corizon Health, Inc.,
Tamara Rush, RN., Janet Diaz, MHT, and Sergio
Castillo, M.D.
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