WALKER v. THI OF NEW MEXICO AT HOBBS CENTER

No. CIV 09-0060 JB/KBM.

803 F.Supp.2d 1287 (2011)

Sarah WALKER, Plaintiff, v. THI OF NEW MEXICO AT HOBBS CENTER d/b/a Hobbs Health Care Center, Diana Melton, Jaime Andujo, Debbie Lothridge, Karen Hood (Miller), THI of New Mexico, LLC, Fundamental Clinical Consulting, LLC, Fundamental Administrative Services, LLC, THI of Baltimore, Inc., and Fundamental Long-Term Care Holdings, LLC, Defendants, and THI of New Mexico at Hobbs Center, LLC, THI of New Mexico, LLC, Fundamental Administrative Services, LLC, and Fundamental Clinical Consulting, LLC, Counter-Plaintiffs, v. Sarah Walker, Counter-Defendant.

United States District Court, D. New Mexico.

May 20, 2011.


Attorney(s) appearing for the Case

Daniel Yohalem , Richard Rosenstock and Katherine E. Murray , Santa Fe, NM, for Plaintiff.

R. Shawn Oller , Christie L. Kriegsfeld , Littler Mendelson, Phoenix, AR, for Defendants.

Danny Jarrett , Trent A. Howell , Jackson Lewis, LLP, Albuquerque, NM, for Defendants, THI of New Mexico at Hobbs Center, LLC and THI of New Mexico, LLC.

Barbara G. Stephenson , Quentin Smith , Sheehan & Sheehan, P.A., Albuquerque, NM, for Defendants, Fundamental Administrative Services, LLC, Karen Hood (Miller), Debbie Lothridge, and Diana Melton.

John A. Bannerman , Margaret A. Graham , Bannerman & Johnson, P.A., Albuquerque, NM, for Defendants, Jaime Andujo and Fundamental Clinical Consulting, LLC.


MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Plaintiff's Motion to Dismiss Defendants' Counterclaim and Memorandum in Support, filed January 18, 2011 (Doc. 174). The Court held a hearing on April 6, 2011. The primary issues are: (i) whether the Court has subject-matter jurisdiction over the malicious-abuse-of-process counterclaim; and (ii) whether, if the Court has subject-matter...

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