MEND, INC. v. WARD

No. 13CV00870 WJ/LAM.

MEND, Inc. d/b/a CASA ALEGRE, VICKY LOZANO, LINDA LOZANO, STEVEN LOVELACE, by his parent and next friend Bea Lovelace, MARY SCHRANDT, by her brother, legal guardian, and next friend John Schrandt Plaintiff, v. RETTA WARD, CATHY STEVENSON, MARIA SANDERS, GUY IRISH, SINDONIE SQUIER, JOHN DOE 1 AND JOHN DOE 2, In their individual and official capacities; STATE OF NEW MEXICO, Defendants.

United States District Court, D. New Mexico.

July 11, 2014.


Attorney(s) appearing for the Case

Mend, Inc., Plaintiff, represented by Laurel Marie Nesbitt , Steven Granberg Attorney at Law PA.

Mend, Inc., Plaintiff, represented by Steven F. Granberg , Steven Granberg Attorney at Law PA.

Vicky Lozano, Plaintiff, represented by Laurel Marie Nesbitt , Steven Granberg Attorney at Law PA & Steven F. Granberg , Steven Granberg Attorney at Law PA.

Linda Lozano, Plaintiff, represented by Laurel Marie Nesbitt , Steven Granberg Attorney at Law PA & Steven F. Granberg , Steven Granberg Attorney at Law PA.

Steven Lovelace, Plaintiff, represented by Laurel Marie Nesbitt , Steven Granberg Attorney at Law PA & Steven F. Granberg , Steven Granberg Attorney at Law PA.

Mary Schrandt, Plaintiff, represented by Laurel Marie Nesbitt , Steven Granberg Attorney at Law PA.

Mary Schrandt, Plaintiff, represented by Steven F. Granberg , Steven Granberg Attorney at Law PA.

Retta Ward, Defendant, represented by Alisa Wigley-Delara , Conklin, Woodcock & Ziegler, PC, Christopher D Woodward , Department of Health, Robert Conklin , Conklin Jenke & Woodcock PC & Robin A Goble , Conklin Woodcock & Ziegler, PC.

Cathy Stevenson, Defendant, represented by Alisa Wigley-Delara , Conklin, Woodcock & Ziegler, PC, Christopher D Woodward , Department of Health, Robert Conklin , Conklin Jenke & Woodcock PC & Robin A Goble , Conklin Woodcock & Ziegler, PC.

Maria Sanders, Defendant, represented by Alisa Wigley-Delara , Conklin, Woodcock & Ziegler, PC, Christopher D Woodward , Department of Health, Robert Conklin , Conklin Jenke & Woodcock PC & Robin A Goble , Conklin Woodcock & Ziegler, PC.

Guy Irish, Defendant, represented by Robert Conklin , Conklin Jenke & Woodcock PC, Alisa Wigley-Delara , Conklin, Woodcock & Ziegler, PC, Christopher D Woodward , Department of Health & Robin A Goble , Conklin Woodcock & Ziegler, PC.

Sidonie Squier, Defendant, represented by Alisa Wigley-Delara , Conklin, Woodcock & Ziegler, PC, Raymond W Mensack , State of New Mexico Human Services Department, Robert Conklin , Conklin Jenke & Woodcock PC & Robin A Goble , Conklin Woodcock & Ziegler, PC.

John Doe, 1, Defendant, represented by Alisa Wigley-Delara , Conklin, Woodcock & Ziegler, PC.

John Doe, 2, in their individual and official capacities, Defendant, represented by Alisa Wigley-Delara , Conklin, Woodcock & Ziegler, PC.

State of New Mexico, Defendant, represented by Alisa Wigley-Delara , Conklin, Woodcock & Ziegler, PC, Robert Conklin , Conklin Jenke & Woodcock PC & Robin A Goble , Conklin Woodcock & Ziegler, PC.


MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION ON THE BASIS OF CONSTITUTIONAL SOVEREIGN IMMUNITY

WILLIAM P. JOHNSON, District Judge.

THIS MATTER comes before the Court upon Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction on the Basis of Constitutional Sovereign Immunity, filed April 21, 2014 (Doc. No. 35...

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