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MARTINEZ v. MARTINEZ

No. CIV. 01-36 BB/WWD.

207 F.Supp.2d 1303 (2002)

Patricia MARTINEZ, Plaintiff, v. Michael D. MARTINEZ, Paul Weist, Jean Smith, Sun Star Associates, Albuquerque Commercial Realty, Inc., and Others Yet Unnamed, Individually, Jointly, and Severally, Defendants.

United States District Court, D. New Mexico.

May 8, 2002.

Attorney(s) appearing for the Case

Stephen McIlwain, Albuquerque, for Plaintiffs.

Suzanne B. Kinney, Kinney & Hapka, Albuquergue, NM, Susan M. Hapka, Sutin Thayer & Browne, Albuquerque, NM, Linda M. Latta, Albuquerque, NM, for Defendants.

MEMORANDUM OPINION

BLACK, District Judge.

THIS MATTER comes before the Court for consideration of Defendants' motion to dismiss Plaintiff's first amended complaint (Doc. 49), and Defendants' motion for sanctions against Plaintiff and Plaintiff's counsel, pursuant to Rule 11 and the bad-faith exception to the American rule (Doc. 42).1 The Court has reviewed the submissions of the parties and the relevant law, and, for the...

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