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Deakin v. Magellan Health, Inc., et al, 1:17-cv-00773, No. 315 (D.N.M. Dec. 5, 2022)
Motion to Strike
This is strange assertion, as Defendants are arguing that, regardless of whether a summary complies with the strict requirements of Rule 1006, it must be considered by the Court if it is submitted prior to trial.1 Not only does this defy common sense, but it is the exact opposite of what
Again, relying on a single out-of-District opinion, Defendants state that Exhibit B was provided for the Court’s convenience and should be utilized by the Court “to locate specific information in the factual record.” See Resp., p. 4.
Defendants cite to Anderson Living Trust v. WPX Energy Prod., LLC to support their contention that a Rule 1006 summary should be admitted and considered by a court regardless of its accuracy.
If Defendants were allowed to include hundreds of citations and substantive statements in an extra exhibit, Plaintiffs would effectively be precluded from addressing those arguments in a 12-page reply brief.
2 Defendants’ use of the term “hyper-technical” is somewhat astonishing, given that it has moved to have entire motions dismissed for being submitted hours, or even minutes, after the applicable deadline (to say nothing of its current request to have one of Plaintiffs’ attorneys removed from the case based on the failure to provide an acknowledgment form to a witness represented by Defendants’ counsel).
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Deakin v. Magellan Health, Inc., et al, 1:17-cv-00773, No. 315 (D.N.M. Dec. 5, 2022)
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Coffin et al v. Magellan HRSC, Inc. et al, 1:20-cv-00144, No. 65 (D.N.M. Jun. 24, 2021)
... of 91 The key to the (b)(2) class is “the indivisible nature of the injunctive or declaratory remedy warranted -- the notion that the conduct is such that it can be enjoined or declared unlawful only as to all of the class members or as to none ...
Nonetheless, social change advocates tend to pursue class certification under Rule 23(b)(2) for several reasons.
The district court nonetheless certified the class.
None of the parties had even challenged the district court’s ruling that class certification required “that the damages resulting from . . . [the antitrust violation] were measurable ‘on a class- wide basis’ through use of a ‘common ...
The doctrine, nonetheless, “pertains both to rulings by district courts, see, e.g., Clark v. State Farm Mut. Auto. Ins. Co., 590 F.3d 1134, 1140 (10th Cir. 2009),” as well as “by previous panels in prior appeals in the same litigation, see, e.g., ...
Magellan HRSC asserts that none of the Chrysler Credit Corp. elements exist in this case and thus that reconsidering Judge Bashant’s transfer decision is inappropriate.
None of the remaining discretionary factors in a consideration of a transfer decision warrant abandoning the law of the case.
Nonetheless, Judge Bashant transferred the case to the District of New Mexico.
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Coffin et al v. Magellan HRSC, Inc. et al, 1:20-cv-00144, No. 65 (D.N.M. Jun. 24, 2021)
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Deakin v. Magellan Health, Inc., et al, 1:17-cv-00773, No. 293 (D.N.M. Nov. 7, 2022)
Motion to Strike
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Deakin v. Magellan Health, Inc., et al, 1:17-cv-00773, No. 293 (D.N.M. Nov. 7, 2022)
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Deakin v. Magellan Health, Inc., et al, 1:17-cv-00773, No. 258 (D.N.M. Sep. 21, 2022)
Motion for Attorney Fees
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Deakin v. Magellan Health, Inc., et al, 1:17-cv-00773, No. 258 (D.N.M. Sep. 21, 2022)
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Gormly v. City of Rio Rancho, New Mexico, 1:20-cv-00719, No. 19 (D.N.M. Mar. 29, 2021)
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Gormly v. City of Rio Rancho, New Mexico, 1:20-cv-00719, No. 19 (D.N.M. Mar. 29, 2021)
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Deakin v. Magellan Health, Inc., et al, 1:17-cv-00773, No. 247 (D.N.M. Aug. 16, 2022)
Motion for Protective Order
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Deakin v. Magellan Health, Inc., et al, 1:17-cv-00773, No. 247 (D.N.M. Aug. 16, 2022)
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Deakin v. Magellan Health, Inc., et al, 1:17-cv-00773, No. 239 (D.N.M. Aug. 1, 2022)
Motion to File
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Deakin v. Magellan Health, Inc., et al, 1:17-cv-00773, No. 239 (D.N.M. Aug. 1, 2022)
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Gormly v. City of Rio Rancho, New Mexico, 1:20-cv-00719, No. 15 (D.N.M. Feb. 9, 2021)
Motion to Dismiss for Lack of Jurisdiction
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Gormly v. City of Rio Rancho, New Mexico, 1:20-cv-00719, No. 15 (D.N.M. Feb. 9, 2021)
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Munoz v. John Doe Corporations, 1:17-cv-00881, No. 237 (D.N.M. Dec. 11, 2020)
Motion to StrikeGranted
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Munoz v. John Doe Corporations, 1:17-cv-00881, No. 237 (D.N.M. Dec. 11, 2020)
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Munoz v. John Doe Corporations, 1:17-cv-00881, No. 236 (D.N.M. Nov. 23, 2020)
Motion to StrikeGranted
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Munoz v. John Doe Corporations, 1:17-cv-00881, No. 236 (D.N.M. Nov. 23, 2020)
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Candelaria v. Health Care Service Corporation, 2:17-cv-00404, No. 84 (D.N.M. Nov. 4, 2020)
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Candelaria v. Health Care Service Corporation, 2:17-cv-00404, No. 84 (D.N.M. Nov. 4, 2020)
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Candelaria v. Health Care Service Corporation, 2:17-cv-00404, No. 82 (D.N.M. Oct. 20, 2020)
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Candelaria v. Health Care Service Corporation, 2:17-cv-00404, No. 82 (D.N.M. Oct. 20, 2020)
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Munoz v. John Doe Corporations, 1:17-cv-00881, No. 232 (D.N.M. Oct. 16, 2020)
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Munoz v. John Doe Corporations, 1:17-cv-00881, No. 232 (D.N.M. Oct. 16, 2020)
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Candelaria v. Health Care Service Corporation, 2:17-cv-00404, No. 80 (D.N.M. Oct. 9, 2020)
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Candelaria v. Health Care Service Corporation, 2:17-cv-00404, No. 80 (D.N.M. Oct. 9, 2020)
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Candelaria v. Health Care Service Corporation, 2:17-cv-00404, No. 78 (D.N.M. Oct. 2, 2020)
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Candelaria v. Health Care Service Corporation, 2:17-cv-00404, No. 78 (D.N.M. Oct. 2, 2020)
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