MAY v. BOARD OF COUNTY COM'RS FOR CIBOLA COUNTY

No. CIV 12-0676 JB/KBM.

945 F.Supp.2d 1277 (2013)

Jennifer MAY, Plaintiff, v. BOARD OF COUNTY COMMISSIONERS FOR CIBOLA COUNTY, Cibola County Sheriff Johnny Valdez, in his official capacity, Cibola County Sheriff's Detective William Marion, in his individual capacity, the Thirteenth Judicial District Attorney's Office and Assistant District Attorney Kristina Faught-Hollar, in her individual capacity, James Reese, and Oliver Reese, Defendants.

United States District Court, D. New Mexico.

May 6, 2013.


Attorney(s) appearing for the Case

Carolyn M. "Cammie" Nichols , Brendan K. Egan , Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu, LLP, Albuquerque, NM, Attorneys for the Plaintiff.

Michael Dickman , Santa Fe, NM, Attorney for Defendants Board of County Commissioners for Cibola County, Johnny Valdez, Cibola County Sheriff, in his official capacity.

James P. Sullivan , Brennan & Sullivan, P.A., Santa Fe, NM, Attorneys for Defendants The Thirteenth Judicial District Attorney's Office and Kristina Faught-Hollar.

William C. Marchiondo , Albuquerque, NM, Attorney for Defendant James Reese.

Jason Bowles , B.J. Crow , Monnica Lynn Garcia, Bowles & Crow, Albuquerque, NM, B.J. Crow , The Crow Law Firm, Roswell, NM, Attorneys for Defendant Oliver Reese.


MEMORANDUM OPINION1

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Plaintiffs' [sic] Motion to Remand, filed July 13, 2012 (Doc. 12)("Motion to Remand"). The Court held a hearing on November 21, 2012. The primary issues are: (i) whether Defendant James Reese waived his right to removal by filing a motion to dismiss in state court; (ii) whether effective removal requires...

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