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DOE EX REL. HUGHES v. MARTINEZ

No. CIV-09-104 WJ/WPL.

674 F.Supp.2d 1282 (2009)

Jane DOE, a minor, by and through her next friend Eva HUGHES, her mother and natural guardian, Mary Doe, a minor, by and through her next friend Eva Hughes, her mother and natural guardian, Plaintiffs, v. Isaac MARTINEZ, a married man, Cruz Delia Martinez, an unmarried woman; Isaac Martinez and Cruz Delia Martinez, jointly for the former Community Estate comprised of Isaac Martinez and Cruz Delia Martinez, John Moe and Jane Moe, husband and wife; John Roes I-V, inclusive; Jane Roes I-V, inclusive; ABC Corporations, Inclusive; XYZ Partnerships, inclusive, Defendants.

United States District Court, D. New Mexico.

April 3, 2009.

Attorney(s) appearing for the Case

Dorian L. Eden, Leonard J. Mark, Tiffany & Bosco, P.A., Salvador Ongaro, Phoenix, AZ, M.J. Keefe, Gilpin & Keefe, PC, Albuquerque, NM, for Plaintiffs.

Dennis W. Montoya, Montoya Law, Inc., Rio Rancho, NM, for Defendants.

ORDER REMANDING CASE AND AWARDING ATTORNEY'S FEES, EXPENSES AND COSTS FOR IMPROPER REMOVAL

WILLIAM P. JOHNSON, District Judge.

THIS MATTER comes before the Court on Plaintiffs' Motion for Remand (Doc. 12) which includes a request for attorney's fees and costs. The above captioned case was initiated in the United States District Court for the District of New Mexico by Defendant Isaac Martinez when his lawyer, Dennis Montoya, filed the Notice of Removal (Doc...

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