May v. Texas Lobo Trucking Company et al

Filing 82

ORDER by Magistrate Judge Kevin R. Sweazea granting in part 58 Motion for Sanctions. (sls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MAY, LYCIA LYNN, an individual,
Plaintiff,
v.
No. 2:17-cv-00889-KRS-SMV
TEXAS LOBO TRUCKING LLC,
a Texas Limited Liability Company, and
JOSHUA WALLING, an individual,
Defendants.
ORDER CONCERNING DEFENDANTS’ MOTION FOR SANCTIONS
This matter, having come before the Court on Defendants’ Motion for Sanctions [Doc. 58],
the Court having read the briefing submitted by the parties and having heard oral argument by the
parties at the hearing of this matter on October 2, 2018, and otherwise being fully advised in the
premises hereby FINDS as follows:
1. Plaintiff Lycia Lynn May intentionally lied about her educational history, but that the
sanction of dismissal is not appropriate in this case;
2. While Defendants suffered monetary damages as a result of Plaintiff’s
misrepresentations, there was no resulting prejudice to their actual defense.
It is therefore ORDERED:
Plaintiff shall pay Defendants’ expenses in connection with their Motion for Sanctions as
well as the costs associated with gathering corroborating evidence from the educational institutions
Plaintiff claimed to have attended.

_
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE