PESHLAKAI v. RUIZ

No. CIV 13-0752 JB/ACT.

DAVID PESHLAKAI, DARLENE THOMAS, CHARLES REYNOLDS AS THE PERSONAL REPRESENTATIVE OF THE WRONGFUL DEATH ESTATES OF DEL LYNN PESHLAKAI (DECEASED) AND DESHAUNNA PESHLAKAI (DECEASED), DANELL PESHLAKAI, DARNELL PESHLAKAI, SHAWN BEGAY, DELACEY PESHLAKAI, and DAVID PESHLAKAI, JR., Plaintiffs, v. JAMES RUIZ, GILBERT MENDOZA, AMREST, LLC d/b/a APPLEBEE'S NEIGHBORHOOD GRILL AND BAR, and APPLEBEE'S INTERNATIONAL, INC., Defendants.

United States District Court, D. New Mexico.

November 20, 2013.


Attorney(s) appearing for the Case

Zackeree S. Kelin , Philomena M. Hausler , Kelin Law Firm, Albuquerque, New Mexico, and Scott M. Hendler , Sean M. Lyons, Hendler Law, P.C., Austin, Texas, Attorneys for the Plaintiffs.

Jeff Ray , Ray McChristian & Jeans, P.C., El Paso, Texas, and W. Mark Mowery , Jose R. Blanton , Glenn A. Beard , Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, New Mexico, Attorneys for Defendant AmRest, LLC d/b/a Applebee's Neighborhood Grill and Bar

Edward Shepherd , Allen, Shepherd, Lewis & Syra, P.A., Albuquerque, New Mexico, and Shannon A. Parden , Deena Buchanan Williams , Olsen Parden Williams, P.C., Albuquerque, New Mexico, Attorneys for Defendant Applebee's International, Inc.


MEMORANDUM OPINION1

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Plaintiffs' Notice of Completion of Briefing, filed September 9, 2013 (Doc. 47), which contains the Plaintiffs' Motion to Modify Scheduling Order, filed in state court August 5, 2013 (Doc. 47-1)("Motion"). The Court held a hearing on November 6, 2013. The primary issue is whether the Court...

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