Lujan v. City of Albuquerque
New Mexico Court of Appeals
1Opinion of the Court
OPINION
SUTIN, Judge.
{1} Plaintiffs John Lujan and Aaron Romero appeal from an unfavorable summary judgment of dismissal entered under the rationale that, under Rule 1-007.1(D) NMRA 2003, Plaintiffs’ failure to respond to Defendants’ motions for summary judgment constituted consent to grant the motions. We reverse.
BACKGROUND
{2} In February 1998, Plaintiffs sued Defendants for wrongful termination of employment. A jury was requested. Discovery occurred and appears to have been diligently pursued. An October 5, 2000, scheduling order required discovery to be completed by March 30, 2001, with…
2Cases cited16 opinions
- Kenneth Ray Meade v. Grubbs, Badge No. 128, Individually and as a Deputy Sheriff of the County of OklahomaCourt of Appeals for the Tenth Circuit · 1988
- Reed v. BennettCourt of Appeals for the Tenth Circuit · 2002
- Amaker v. FoleyCourt of Appeals for the Second Circuit · 2001
- United Nuclear Corp. v. General Atomic Co.New Mexico Supreme Court · 1980
- In the Matter of the Sanction of Jay C. Baker and Michael J. Carson, George Roland Mulvaney v. Rivair Flying Service, Inc. v. Ed Dietlin, D/B/A Dietlin Aircraft, Third PartyCourt of Appeals for the Third Circuit · 1984
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