Opinion
Docket No. S-1-SC-35426 Docket No. S-1-SC-35438
02-15-2016
NOE RODRIGUEZ, Worker-Respondent, v. BRAND WEST DAIRY, Uninsured Employer, Employer-Respondent, and NEW MEXICO UNINSURED EMPLOYERS FUND, Insurer-Petitioner, Consolidated With: MARIA ANGELICA AGUIRRE, Worker-Respondent, v. M.A. & SONS CHILI PRODUCTS, Employer-Respondent, and FOOD INDUSTRY SELF INSURANCE FUND OF NEW MEXICO, Insurer-Respondent. AND NOE RODRIGUEZ, Worker-Respondent, v. BRAND WEST DAIRY, Uninsured Employer, Employer-Petitioner, and NEW MEXICO UNINSURED EMPLOYERS FUND, Insurer, Consolidated With: MARIA ANGELICA AGUIRRE, Worker-Respondent, v. M.A. & SONS CHILI PRODUCTS, Employer-Petitioner, and FOOD INDUSTRY SELF INSURANCE FUND OF NEW MEXICO, Insurer-Petitioner.
ORDER
WHEREAS, this matter came on for consideration by the Court upon motion to clarify stay and response thereto, and the Court having considered said pleadings and being sufficiently advised, Chief Justice Barbara J. Vigil, Justice Petra Jimenez Maes, Justice Edward L. Chavez, Justice Charles W. Daniels, and Justice Judith K. Nakamura concurring;
NOW, THEREFORE, IT IS ORDERED that the motion to clarify the stay is GRANTED; and
IT IS FURTHER ORDERED that, pursuant to Rule 12-405(C) NMRA, the precedential value of the Court of Appeals' opinion in Rodriguez v. Brand West Dairy, 2015-NMCA-097, 356 P.3d 546, is hereby suspended until further order of this Court; and
IT IS FURTHER ORDERED that this case shall be scheduled for oral argument on the next available calendar.
IT IS SO ORDERED.
WITNESS, Honorable Barbara J. Vigil, Chief Justice Chief Justice of the Supreme Court of the State of New Mexico, andthe seal of said Court this 15th day of February, 2016. (SEAL)
/s/_________
Joey D. Moya, Chief Clerk of the Supreme Court
of the State of New Mexico