Legal Opinion

Heyward v. Credit Union Times

District Court, D. New Mexico

Decided December 17, 2012No. CIV 12-0258 JB/LFGPublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JAMES 0. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant’s Motion to Dismiss Complaint (Incorporating Authorities), filed April 27, 2012 (Doc. 7)(“Motion to Dismiss”). The Court held a hearing on July 27, 2012. The primary issues are: (i) whether the Motion to Dismiss is premature as Plaintiff Ben Heyward has not been provided the identity of his critics in discovery; and (ii) whether the statements on which Heyward bases his defamation allegations fail to state a prima facie claim for defamation as a matter of law, because each…

2Cases cited70 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  4. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  5. Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007

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3Cited by3 opinions

  1. Pena v. GreffetDistrict Court, D. New Mexico · 2013
  2. Wyoming Corporate Services v. CNBC, LLCDistrict Court, D. Wyoming · 2014
  3. Alost v. AcostaDistrict Court, D. New Mexico · 2025

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