Nicholas v. Windstream Communications, LLC

Filing 41

ORDER by Magistrate Judge Kevin R. Sweazea granting 32 Motion for Partial Summary Judgment on Plaintiff's Claim of Retaliation. (sls)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MARSHA NICHOLAS, Plaintiff, v. No. 2:17-cv-00361-KRS-GJF WINDSTREAM COMMUNICATIONS, LLC, Defendant. STIPULATED ORDER GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON PLAINTIFF’S CLAIM OF RETALIATION This matter comes before the Court on Defendant’s Motion for Partial Summary Judgment on Plaintiff’s Claim of Retaliation, filed January 11, 2018 [Doc. No. 32]. The parties have informed the Court that, after considering the motion, Plaintiff has decided not to oppose it and stipulates to the entry of this order. Accordingly, the Court, having considered the motion and the parties’ stipulation, finds that the motion should be GRANTED. It is therefore ordered that Defendant’s Motion for Partial Summary Judgment on Plaintiff’s Claim of Retaliation is GRANTED, and Plaintiff’s claim of retaliation (Count III) is hereby DISMISSED with prejudice. MAGISTRATE JUDGE KEVIN R. SWEAZEA SUBMITTED AND APPROVED: RODEY, DICKASON, SLOAN, AKIN & ROBB, P.A. By /s/ Jeffrey L. Lowry Jeffrey L. Lowry Post Office Box 1888 Albuquerque, New Mexico 87103 Telephone: (505) 765-5900 Facsimile: (505) 768-7395 jlowry@rodey.com Attorneys for Defendant LARA LAW FIRM, LLC By Electronically Approved on February 8, 2018 Roxanne R. Lara 310 N. Canyon Street – No. B Carlsbad, NM 88220 Telephone: 575-628-8248 Facsimile: 575-628-0016 laralaw@windstream.net – AND – Dick A. Blenden Blenden Law Firm, P.A. 208 W. Stevens Street Carlsbad, NM 88220 Telephone: 575-887-2071 Facsimile: 575-885-6453 dblenden@pvtnetworks.net Attorneys for Plaintiff -2-

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