LUJAN v. CITY OF ALBUQUERQUE

No. 22,311.

75 P.3d 423 (2003)

134 N.M. 207

2003-NMCA-104

John LUJAN and Aaron Romero, Plaintiffs-Appellants, v. CITY OF ALBUQUERQUE, Lawrence Rael, Chief Administrative Officer, Orlando Sedillo, Solid Waste Department Director, Bill Alberti, Solid Waste Department Assistant Director, Defendants-Appellees.

Court of Appeals of New Mexico.

June 19, 2003.


Attorney(s) appearing for the Case

Paul Livingston, Placitas, NM, for Appellants.

Robert M. White, City Attorney, Victor E. Valdez, Benjamin S. Chavez, Assistant City Attorneys, Albuquerque, NM, for Appellees.


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....

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