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TAPIA v. CITY OF ALBUQUERQUE

No. CIV 13-0206 JB/ACT.

10 F.Supp.3d 1323 (2014)

Jessica TAPIA, Vanessa Aragon, and New Mexico Transportation Union, Ernest Lucero, Chairman, Plaintiffs, v. CITY OF ALBUQUERQUE, Richard Berry, Mayor, Robert J. Perry, Chief Administrative Officer, Bruce Rizzieri, Transit Dept. Director, City Personnel Board, Paula Forney, and Carmen Wagner-Mogle, M.D., Defendants.

United States District Court, D. New Mexico.

Filed March 31, 2014.

Attorney(s) appearing for the Case

Paul Livingston , Placitas, NM, Attorney for the Plaintiffs and Counter-Defendants, Jessica Tapia, Vanessa Aragon, New Mexico Transportation Union, and Ernest Lucero.

Rebecca E. Wardlaw , Managing Assistant City Attorney, Samantha M. Hults , Steve D. Nichols , Assistant City Attorneys, Stephen G. French , Paula I. Forney , Erika E. Anderson , French & Associates, P.C., Albuquerque, NM, Attorneys for Defendants and Counter-Claimants, City of Albuquerque, Richard Berry, Robert J. Perry, and Bruce Rizzieri.

Debra J. Moulton , Deborah D. Wells , Kennedy, Moulton & Wells, P.C., Albuquerque, NM, Attorneys for Defendant, City Personnel Board.

Alfred L. Green, Jr. , Emily A. Franke , Neil R. Blake , Butt Thornton & Baehr, P. C., Albuquerque, NM, Attorneys for Defendant, Paula Forney.

Lynn S. Sharp , Christopher Lee Moander , Charles P. List , Sharp Law Firm, Albuquerque, NM, Attorneys for Defendant, Carmen Wagner-Mogle M.D.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Motion to Dismiss by Defendant Paula Forney, filed May 3, 2013 (Doc. 43)("MTD"). The Court held a hearing on November 1, 2013. The primary issue is whether the Court should dismiss the Plaintiffs' claims against Defendant Paula Forney under rule 12(b)(6) of the Federal Rules of Civil Procedure. The Court will grant the MTD. The Court...

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