BABCOCK v. ALBUQUERQUE POLICE DEPARTMENT

No. 13-CV-1179 MCA-WPL.

TOD BABCOCK, et al., Plaintiffs, v. ALBUQUERQUE POLICE DEPARTMENT, CITY OF ALBUQUERQUE, ALBUQUERQUE POLICE OFFICERS ASSOCIATION, Defendants.

United States District Court, D. New Mexico.

March 13, 2015.


Attorney(s) appearing for the Case

Tod Babcock, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

John Corvino, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Bruce DeHerrera, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Larry Edmonson, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Cornel Heitzman, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Janette Kimberlin, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Henry Landavazo, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Andrew Lehocky, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Robert Lujan, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Herman Martinez, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Valentine Olivas, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Leonard Rodriguez, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Daniel Torgrimson, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

James Vautier, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Victor Wiebe, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Arthur Acosta, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Richard Lewis, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Thomas Melvin, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

David Guzman, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Lorraine Lopez-Sadler, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Yvonne Martinez, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Troy Baldonado, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Richard Altman, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Gerald Ball, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

David Bartram, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Joel Block, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Robert Bowman, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Michael Broderick, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Marvin Brown, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Kelly Burt, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Don Chavez, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Joe Chavez, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Tobias Gallegos, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Adam Garcia, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Ruben Garcia, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Stanley Gray, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Jimmy Hernandez, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Kiel Higgins, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Joseph Lehocky, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Mark Lillie, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Alejandro Marentes, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Oscar Medrano, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Donald Piatt, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Gerald Roach, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Michael Roach, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Byron Samora, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Paul Smouse, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Brian Snow, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Terry Stephenson, Plaintiff, represented by Daniel R. Lindsey , Daniel R Lindsey Law Firm & Trey Dayes , Phillip Dayes Law Group.

Albuquerque Police Department, Defendant, represented by Kellie Jean Garcia , City of Albuquerque, Rebecca E. Wardlaw , c/o City Attorney's Office, Samantha M. Hults , City of Albuquerque, Legal Department & Melissa Marie Kountz , City of Albuquerque, Legal Department.

City of Albuquerque, Defendant, represented by Kellie Jean Garcia , City of Albuquerque, Rebecca E. Wardlaw , c/o City Attorney's Office, Melissa Marie Kountz , City of Albuquerque, Legal Department & Samantha M. Hults , City of Albuquerque, Legal Department.

Albuquerque Police Officers Association, Defendant, represented by Frederick M Mowrer .


MEMORANDUM OPINION AND ORDER

THIS MATTER is before the Court on Defendant City of Albuquerque's Motion to Dismiss [Doc. 18], Plaintiffs' Motion for Leave to File Surreply to Defendant's Motion to Dismiss [Doc. 24], and the City's Motion for Leave to File Response...

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