Legal Opinion

Mata v. Anderson

District Court, D. New Mexico

Decided January 24, 2009No. CIV 08-0046 JB/RLPPublishedCited by 19 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 and Brief to Dismiss Plaintiffs Complaint for Failure to Timely Serve or, In the Alternative, Motion for Judgment on the Pleadings, filed July 7, 2008 (Doc. 9) (“Motion”). The Court held a hearing on October 23, 2008. The primary issues are: (i) whether the Court should dismiss the suit for failure to timely serve when the Complaint was not served within 120 days potentially had run during the 40 days after the 120 days passed; (ii) whether the Plaintiff Juan Mata has…

2Cases cited103 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Foman v. DavisSupreme Court of the United States · 1962
  4. Heck v. HumphreySupreme Court of the United States · 1994
  5. Pearson v. CallahanSupreme Court of the United States · 2009

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3Cited by19 opinions

  1. Ysasi v. BrownDistrict Court, D. New Mexico · 2014
  2. Nowell v. Medtronic Inc.District Court, D. New Mexico · 2019
  3. Bhasker v. Kemper Cas. Ins. Co.District Court, D. New Mexico · 2019
  4. Mata v. AndersonDistrict Court, D. New Mexico · 2010
  5. Gallegos v. Bernalillo County Board of County CommissionersDistrict Court, D. New Mexico · 2017

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