Opinion
No. CIV 09-0281 JB/LFG
07-09-2013
PATRICIA MARTINEZ, Plaintiff, v. MICHAEL MARTINEZ, LYNDA LATTA, ELIZABETH WHITEFIELD, individually and in her official capacity, PAUL WIEST, and JEAN SMITH, Defendants.
Patricia Martinez Broken Arrow, Oklahoma Plaintiff pro se Joshua R. Simms Albuquerque, New Mexico Attorney for Defendants Michael Martinez and Jean Smith Colin Lambert Hunter Hunter Law Firm Albuquerque, New Mexico Attorney for Defendant Lynda Latta Alfred A. Park Lawrence M. Marcus Park & Associates, LLC Albuquerque, New Mexico Attorneys for Defendant Elizabeth Whitefield individually and in her official capacity of District Judge in the Second Judicial District Court of Bernalillo County, State of New Mexico Paul Wiest Albuquerque, New Mexico Defendant pro se
MEMORANDUM OPINION AND ORDER
THIS MATTER comes before the Court on the Plaintiff's Motion to Vacate AM Doc. 321 -- Portion of Order Regarding Abuse of Process Count 1 Rulings, filed July 5, 2013 (Doc. 341)("Motion"). The primary issue is whether the Court violated Plaintiff Patricia Martinez' right to a jury trial guaranteed by the Seventh Amendment to the United States Constitution when it granted summary judgment on some of P. Martinez' claims. Because the Court determined that there was no genuine of issue material facts related to the dismissed claims, the Court will deny the motion to vacate.
ANALYSIS
P. Martinez' argument appears to assume that the Court cannot grant a motion for summary judgment when she has demanded a jury. See Motion at 1-4. P. Martinez only has a right to a jury trial if there are factual issues for the jury to decide; the Court decides legal issues. For the dismissed claims, the Court determined that there were no genuine issues of material facts. See Amended Memorandum Opinion and Order Adopting Magistrate Judge's Report and Recommendation in Part at 45-82, filed June 3, 2013 (Doc. 321). On the remaining claims, where there are remaining issues of fact, P. Martinez gets her jury trial on July 15, 2013 at 9:00 a.m.
IT IS ORDERED that the Motion to Vacate AM Doc. 321 -- Portion of Order Regarding Abuse of Process Count 1 Rulings, filed July 5, 2013 (Doc. 341) is denied.
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UNITED STATES DISTRICT COURT
Parties and Counsel:
Patricia Martinez
Broken Arrow, Oklahoma
Plaintiff pro se Joshua R. Simms
Albuquerque, New Mexico
Attorney for Defendants Michael Martinez and Jean Smith Colin Lambert Hunter
Hunter Law Firm
Albuquerque, New Mexico
Attorney for Defendant Lynda Latta Alfred A. Park
Lawrence M. Marcus
Park & Associates, LLC
Albuquerque, New Mexico
Attorneys for Defendant Elizabeth Whitefield individually and in her official capacity of District Judge in the Second Judicial District Court of Bernalillo County, State of New Mexico Paul Wiest
Albuquerque, New Mexico
Defendant pro se