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NEW MEXICO v. AUSTIN CAPITAL MANAGEMENT

No. CIV 09-0730 BB/KBM.

671 F.Supp.2d 1248 (2009)

State of NEW MEXICO, ex rel. NATIONAL EDUCATION ASSOCIATION OF NEW MEXICO, INC., a domestic nonprofit corporation, on behalf of the Educational Retirement Board and the State Investment Council, Plaintiff, v. AUSTIN CAPITAL MANAGEMENT LTD., Defendant.

United States District Court, D. New Mexico.

November 9, 2009.

Attorney(s) appearing for the Case

John V. Wertheim, Jerry Wertheim, Jerry Todd Wertheim, Roxie P. Rawls-De Santiago, Jones, Snead, Wertheim & Wentworth, P.A., Santa Fe, NM, Laura Pazin-Porter, Rhodes & Vela, LLP, San Antonio, TX, for Plaintiff.

David F. Cunningham, Thompson, Hickey, Cunningham, Clow & April, P.A., Santa Fe, NM, Geoffrey J. Ritts, Louis A. Chaiten, Peter G. Hilbert, Richard J. Bedell, Jr., Jones Day, Cleveland, OH, for Defendant.

MEMORANDUM OPINION

BRUCE D. BLACK, District Judge.

This matter comes before the Court for consideration of a motion to remand filed by the relator Plaintiff, National Education Association of New Mexico ("NEA"). [Doc. 14] The Court has reviewed the submissions of the parties and the relevant law. Based on this review, the motion to remand will be granted. Given this resolution, the Court will not rule on Defendant's motion to dismiss. [Doc. 13]

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