City of Las Cruces et al v. United States of America et al

Filing 505

ORDER by Magistrate Judge Gregory B. Wormuth granting 496 Motion for Extension of Time to Answer American Linen's Third Party Complaint as to Bertha Villanueva. Bertha Villanueva's answer due 5/27/2022. (ceo)

Case 2:17-cv-00809-JCH-GBW Document 505 Filed 05/16/22 Page 1 of 4

PIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CITY OF LAS CRUCES, et al.,
Plaintiffs/Counterclaim Defendants,
v.

Civ. No. 17-809 JCH/GBW

THE LOFTS AT ALAMEDA, LLC; AMERICAN LINEN
SUPPLY OF NEW MEXICO, INC.; RAWSON LEASING
LIMITED LIABILITY CO.; and CHISHOLM’S-VILLAGE
PLAZA LLC,
Defendants/Counterclaim Plaintiff,
and
AMERICAN LINEN SUPPLY OF NEW MEXICO, INC.,
Crossclaimant,
v.
THE LOFTS AT ALAMEDA, LLC; RAWSON LEASING
LIMITED LIABILITY CO.; and CHISHOLM’S-VILLAGE
PLAZA LLC,
Crossclaim-Defendants,
and
AMERICAN LINEN SUPPLY OF NEW MEXICO, INC.,
Third-Party Plaintiff,
v.
ESTATE OF JESUS TERESO VILLANUEVA SR., deceased,
BERTHA VILLANUEVA, individually and o/b/o ESTATE
OF JESUS TERESO VILLANUEVA, SR., and VICTOR A.
JASSO,
Third-Party Defendants.
ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME FOR BERTHA
VILLANUEVA TO FILE A RESPONSIVE PLEADING

Case 2:17-cv-00809-JCH-GBW Document 505 Filed 05/16/22 Page 2 of 4

THIS MATTER comes before the Court on Defendant/Third-Party Plaintiff
American Linen Supply of New Mexico, Inc.’s and Third-Party Defendant Bertha
Villanueva’s Joint Motion for Extension of Time for Bertha Villanueva to File a
Responsive Pleading. See doc. 496. Having reviewed the Joint Motion and its attendant
briefing (docs. 501, 503), noting the parties’ agreement as to the relief sought, and being
fully advised in the premises, the Court GRANTS the Joint Motion.
The parties agree that Third-Party Defendant Villanueva should not have to
respond to American Linen’s Third-Party Complaint before May 27, 2022, but disagree
as to why. American Linen and Third-Party Defendant Villanueva contend that good
cause exists to extend this deadline pursuant to Federal Rule Civil Procedure 6(b)(1)(A)
as Third-Party Defendant Villanueva needs additional time to retain counsel. See doc.
496 at 1-2. Plaintiffs do not contest the existence of good cause. See generally doc. 501.
Rather, they contend that the extension is moot since Federal Rule of Civil Procedure
12(a)(4) stays Third-Party Defendant Villanueva’s response deadline for the pendency
of Plaintiffs’ Motion to Dismiss Counterclaims, Third-Party Claims, and to Strike
Affirmative Defenses Contained in American Linen’s Second Answer (doc. 487). See id.
at 1-2. Assuming without deciding that Federal Rule of Civil Procedure 12(a)(4) does
not stay Third-Party Defendant Villanueva’s response deadline for the pendency of

2

Case 2:17-cv-00809-JCH-GBW Document 505 Filed 05/16/22 Page 3 of 4

Plaintiffs’ Motion to Dismiss,1 the Court finds Third-Party Defendant Villanueva’s need
for additional time to obtain legal representation good cause to extend this deadline.
The Court also notes American Linen’s request for “fees for responding to
Plaintiffs’ improper motions, as they were filed without a plausible basis.” Doc. 503
(citing Dominion Video Satellite, Inc. v. Echostar Satellite, L.L.C., 430 F.3d 1269, 1278 (10th
Cir. 2005)). In Dominion, the Tenth Circuit affirmed a district court for sanctioning a
party’s attorneys under 28 U.S.C. § 1927 for repeatedly raising arguments in judicial
and arbitration proceedings that the district court had already rejected as
“disingenuous, exceedingly fanciful, and based on a gross contortion of governing
law.” See 430 F.3d at 1273-74, 1279 (cleaned up). The Court does not consider Plaintiffs’
opposition to the instant Joint Motion the unreasonable and vexatious multiplication of
proceedings required for sanctions under 28 U.S.C. § 1927. Nor does the Court reach
the issue of whether Plaintiffs’ Motion to Dismiss satisfies this standard as it has not yet
ruled on that Motion.
For the reasons discussed above, the Court grants American Linen’s and ThirdParty Defendant Villanueva’s Joint Motion for Extension of Time for Bertha Villanueva
to File a Responsive Pleading. IT IS HEREBY ORDERED that the deadline for Third-

The parties dispute whether Plaintiffs have standing to seek dismissal of American Linen’s Third-Party
Claims under Federal Rule of Civil Procedure 12(b)(6) for not stating a claim for relief. See doc. 501 at 4
n.5; doc. 503 at 3-4. As this issue is before the presiding judge, the undersigned takes no position on the
matter.
1

3

Case 2:17-cv-00809-JCH-GBW Document 505 Filed 05/16/22 Page 4 of 4

Party Defendant Villanueva to answer or otherwise respond to American Linen’s ThirdParty Complaint is EXTENDED through May 27, 2022.
IT IS SO ORDERED.

_____________________________________

GREGORY B. WORMUTH
UNITED STATES MAGISTRATE JUDGE

4