BELEN CONSOL. SCHOOLS v. OTTEN

No. CIV-02-1131MV/WWDACE.

259 F.Supp.2d 1203 (2003)

BELEN CONSOLIDATED SCHOOLS, Bernalillo Public Schools, Chama Valley Independent Schools, Clovis Municipal Schools, Cobre Consolidated Schools, Cuba Independent Schools, Farmington Municipal Schools, Grants-Cibola County Schools, Las Cruces Public Schools, Las Vegas City Public Schools, Los Lunas Public Schools, Magdalena Municipal Schools, Mesa Vista Consolidated Schools, Pecos Independent Schools, Regional Education Cooperative Vii, Rio Rancho Public Schools, Santa Rosa Consolidated Schools, Socorro Consolidated Schools, Southwest Regional Center Cooperative X, Taos Municipal Schools and Tucumcari Public Schools, Plaintiffs, v. Robin Dozier OTTEN, Secretary Designate of the New Mexico Human Services Department, Robert T. Maruca, Director of the Medical Assistance Division, and Georgia Cleverly, Medical Assistance Division Bureau Chief, the New Mexico Human Services Department, and the Medical Assistance Division, Defendants.

United States District Court, D. New Mexico.

April 21, 2003.


Attorney(s) appearing for the Case

Jacquelyn Archuleta-Staehlin, Andrew M. Sanchez, Santa Fe, NM, for Plaintiffs.

Marsha Zenderman, N.M. Human Services Dept. Office of General Counsel, Santa Fe, NM, for Defendants.

Arthur D. Melendres, Modrall, Sperling, Roehl Harris & Sisk, Albuquerque, NM, for Amicus.


MEMORANDUM OPINION AND ORDER

VAZQUEZ, District Judge.

THIS MATTER comes before the Court on Defendants' Motion to Dismiss Complaint for Injunctive Relief, filed September 26, 2002 [Doc. No. 16]. The Court, having considered the motion, briefs, relevant law and being otherwise fully informed, finds that Defendants' motion is well-taken, and, accordingly, will be GRANTED.

BACKGROUND

The...

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