Hernandez v. Mimbres Memorial Hospital et al

Filing 122

ORDER by Magistrate Judge Kevin R. Sweazea granting 121 Joint Motion to Dismiss. Board of Commissioners of Luna County, Paul Sanchez, Daniel Acosta, and Alvin Bencomo terminated. (cbf)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO LORENZO HERNANDEZ, Plaintiff, vs. 2:18-cv-00547 KRS/GBW DEMING HOSPITAL CORPORATION d/b/a MIMBRES MEMORIAL HOSPITAL, EMERGENCY STAFFING SOLUTIONS, INC., DR. GEORGE WILLIAMS, in his individual capacity, ATLAS MEDSTAFF, LLC, SETH KEITEL, RN, in his individual capacity, JOHN/JANE DOE NURSES 1-5, in his/her individual capacity, BOARD OF COMMISSIONERS OF LUNA COUNTY, OFFICERS ALVIN BENCOMO, in his individual capacity, DANIEL ACOSTA in his individual capacity, and PAUL SANCHEZ, in his individual capacity, Defendants. ORDER OF DISMISSAL WITH PREJUDICE THIS MATTER having come before the Court on the Parties’ Joint Motion to Dismiss claims against Defendants Board of Commissioners of Luna County, Officers Alvin Bencomo, Daniel Acosta and Paul Sanchez with prejudice the Court having reviewed its file and being otherwise sufficiently advised, FINDS that the Motion is well-taken and should be granted. IT IS THEREFORE ORDERED that all of Plaintiff’s claims against the Defendants Board of Commissioners of Luna County, Officers Alvin Bencomo, Daniel Acosta and Paul Sanchez in this case be, and hereby are, DISMISSED WITH PREJUDICE with each party to bear their own attorney fees and costs related to the litigation of this matter. KEVIN R. SWEAZEA UNITED STATES MAGISTRATE JUDGE Respectfully submitted: HOLT MYNATT MARTÍNEZ P.C. /s/ Damian L. Martínez DAMIAN L. MARTÍNEZ New Mexico Bar No.: 14678 BENJAMIN J. YOUNG New Mexico Bar No.: 144702 Post Office Box 2699 Las Cruces, New Mexico 88004-2699 (575) 524-8812 Attorneys for Defendant Zachary L. Adams dlm@hmm-law.com bjy@hmm-law.com and LAW OFFICE OF FRANCES CROCKETT, LLC Approved via email 2-8-2019 FRANCES C. CARPENTER 925 Luna Cir NW Albuquerque, NM 87102-1948 505-314-8884 Attorney for Plaintiff frances@francescrockettlaw.com ORDER OF DISMISSAL WITH PREJUDICE PAGE 2 OF 2

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