Legal Opinion

Rubio v. McAnally Enterprises, L.L.C.

District Court, D. New Mexico

Decided June 27, 2005No. CIV 04-1409 BB/LSPublished

1Opinion of the Court

Memorandum Opinion and Order

BLACK, District Judge.

THIS MATTER is before the Court on Plaintiffs Motion to Remand. (Doc. 5.) The Court has reviewed the submissions of the parties and the relevant law. For the reasons set forth below, the Court finds Plaintiffs Motion is not well-taken and should be DENIED.

Background

Defendant hired Plaintiff on or about May 25, 2004. (Notice Ex. A ¶ 4.) On May 31, 2004, Plaintiff sustained a work injury. (Id. at ¶ 6.) He filed for and received workers’ compensation from Defendant’s insurance carrier. (Id.) Defendant discharged Plaintiff on September 9, 2004,…

2Cases cited16 opinions

  1. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  2. Grubbs v. General Electric Credit Corp.Supreme Court of the United States · 1972
  3. Dean Humphrey v. Sequentia, Inc.Court of Appeals for the Eighth Circuit · 1995
  4. Chavez v. Manville Products Corp.New Mexico Supreme Court · 1989
  5. Vigil v. ArzolaNew Mexico Court of Appeals · 1983

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