Herrera v. Berkley Regional Insurance Company

Filing 103

ORDER denying as moot 64 Motion to Dismiss by Chief Magistrate Judge Carmen E. Garza. (ke)

Case 2:20-cv-00142-CG-GBW Document 103 Filed 02/16/21 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
GERARDO HERRERA,
Plaintiff,
v.

No. CV 20-142 CG/GBW

BERKLEY REGIONAL INSURANCE
COMPANY,
Defendant.
ORDER DENYING MOTION TO DISMISS
THIS MATTER is before the Court upon the referral judge’s Order Permitting
Defendant to Take Additional Discovery (the “Order”), (Doc. 102), filed on February 11,
2021. In the Order, the referral judge declined to issue any recommendation on
Defendant’s Motion to Dismiss Plaintiff’s Claims as a Result of Discovery Violations and
Abuses (the “Motion”), (Doc. 64), and instead permitted Defendant to take additional
Phase One discovery. (Doc. 102 at 12). The referral judge explained that at the hearing on
the Motion Defendant had “consented to the imposition of lesser sanctions in lieu of the
Court issuing a recommendation on the [Motion].” Id. at 1. For these reasons, the Court will
deny Defendant’s Motion as moot.
IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss Plaintiff's Claims
as a Result of Discovery Violations and Abuses, (Doc. 64), is DENIED AS MOOT.
IT IS SO ORDERED.

_________________________________
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE