McKinley et al v. Grisham et al, No. 1:2020cv01331 - Document 46 (D.N.M. 2022)

Court Description: MEMORANDUM OPINION AND ORDER by Magistrate Judge Jerry H. Ritter granting 42 Motion to Dismiss Amended Complaint in Intervention. (cd)

Download PDF
McKinley et al v. Grisham et al Doc. 46 Case 1:20-cv-01331-JHR-JFR Document 46 Filed 06/07/22 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO PAMELA S. McKINLEY, as Parent and Guardian of G.M., a minor child; MARGUERITE GARNER; VALERIE GEORGE; EVAN D. ROBERTS; SAUNDRA THOMPSON d/b/a Q SHOES; KRISTINE M. BLACKMAN and PHILLIP BLACKMAN d/b/a BLACKMAN TAEKWONDO ACADEMY, LLC; MESA DE PLATA LLC d/b/a JALISCO CAFÉ; SUSANA VASQUEZ d/b/a PET FOOD GONE WILD, INC.; TRISHA D. KEEFE; JILL M. INANNA; DAVID G. STEPUTIS, and JOHN OR JANE DOES 1-100, Plaintiffs, v. CV 20-01331 JHR/JFR GOVERNOR MICHELLE LUJAN GRISHAM, In Her Official Capacity as well as Individually; PUBLIC HEALTH DIRECTOR KATHYLEEN KUNKEL; INTERIM DIRECTOR BILLY JIMENEZ, TRACE COLLINS, M.D., Secretary-Designate of NMDOH, and JANE and JOHN DOES 1-20, Defendants. MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS AMENDED COMPLAINT IN INTERVENTION [Doc. 42] THIS MATTER comes before the Court on Defendants Governor Michelle Lujan Grisham and Secretary-Designate Tracie Collins’ Motion to Dismiss Amended Complaint in Intervention [Doc. 42], filed October 21, 2021. U.S. District Judge Martha Vazquez referred this case to me “to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73” upon the joined parties’ consent. [Docs. 21, 32]. Having reviewed the Motion and the relevant law, the Court grants the Motion. 1 Dockets.Justia.com Case 1:20-cv-01331-JHR-JFR Document 46 Filed 06/07/22 Page 2 of 3 Twelve Plaintiffs on behalf of themselves and John or Jane Does 1-100 filed a complaint on December 21, 2020 [Doc. 1], and an amended complaint on December 31, 2020 [Doc. 4]. Defendants Governor Michelle Lujan Grisham and Secretary-Designate Tracie Collins filed a motion to dismiss Plaintiffs’ amended complaint [Doc. 4] on January 26, 2021. [Doc. 8]. Proposed Intervenor Arthur Firstenberg filed a Motion to Intervene as of Right [Doc. 11] on February 3, 2021, and the Court found that “[he] has a right to intervene to the extent he seeks the same forms of relief as Plaintiffs.” [See Doc. 31, p. 17]. At the Court’s request, Firstenberg filed an amended complaint in intervention on October 1, 2021. [Doc. 34]. Defendants filed this motion to dismiss Firstenberg’s amended complaint in intervention [Doc. 42] on October 21, 2021. Defendants present one argument: if the Court grants Defendants’ motion to dismiss Plaintiffs’ amended complaint [Doc. 8], “all parties with standing in this matter [would be dismissed], thus depriving the Court of jurisdiction over [Firstenberg’s] complaint in intervention.” [Doc. 42, p. 3]. No one responded and the time to do so has passed. See D.N.M.LRCiv. 7.4(a). As noted in my Memorandum Opinion and Order filed concurrently, the Court grants partial relief on Defendants’ motion to dismiss [Doc. 8]. [See Doc. 45]. Only Count 6, the unenumerated claim in Count 8, and Count 10 in Plaintiffs’ amended complaint survived. [Doc. 45, p. 23]. Firstenberg’s claims do not overlap with the survived claims. [See Doc. 34, pp. 13-16]. Therefore, no Plaintiff seeking the same forms of relief as Firstenberg remains. For this reason, the Court grants the Motion. SO ORDERED. 2 Case 1:20-cv-01331-JHR-JFR Document 46 Filed 06/07/22 Page 3 of 3 ____________________________________ JERRY H. RITTER U.S. MAGISTRATE JUDGE Presiding by Consent 3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.