Legal Opinion

Maya v. General Motors Corp.

District Court, D. New Mexico

Decided December 5, 1996No. Civil No. 96-347 BB/WWDPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

BLACK, District Judge.

This Opinion addresses two pending motions. The Court has reviewed the submissions of the parties and the relevant law, and, for the reasons set forth below, finds that (1) Defendant U.S. West’s September 5, 1996 motion to dismiss for failure to state a claim and for sanctions (Doc. 15) should be GRANTED IN PART and DENIED IN PART, and (2) Plaintiff’s October 16, 1996 motion to amend complaint (Doc. 26) should be GRANTED.

I. Facts and Procedural History

Plaintiff Phillip Maya makes the following allegations in his complaint:

On March 24, 1993, Plaintiff…

2Cases cited21 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Foman v. DavisSupreme Court of the United States · 1962
  3. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  4. Robert H. E. Frank, Jerry D. Mooberry, Tyrone G. Moreno v. U.S. West, Inc.Court of Appeals for the Tenth Circuit · 1993
  5. In Re Kunstler.Court of Appeals for the Fourth Circuit · 1990

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3Cited by2 opinions

  1. McGrew v. StoneKentucky Supreme Court · 1999
  2. McGrew v. StoneKentucky Supreme Court · 1999

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