Opinion
1:24-cv-00481-KRS-JMR
06-28-2024
HERMAN SANCHEZ and MARIA SANCHEZ, Plaintiffs, v. PROGRESSIVE DIRECT INSURANCE COMPANY, Defendant.
RILEY | KELLER | ALDERETE | GONZALES Courtenay L. Keller Taryn M. Kaselonis Pablo A. Seifert Attorneys for Progressive. MARTINEZ, HART, SANCHEZ & ROMERO, P.C. Julio C. Romero David B. Martinez.
RILEY | KELLER | ALDERETE | GONZALES Courtenay L. Keller Taryn M. Kaselonis Pablo A. Seifert Attorneys for Progressive.
MARTINEZ, HART, SANCHEZ & ROMERO, P.C. Julio C. Romero David B. Martinez.
ORDER OF DISMISSAL WITH PREJUDICE
HONORABLE KEVIN R. SWEAZEA UNITED STATES MAGISTRATE JUDGE.
THIS MATTER having come before the Court on the parties' Joint Motion for Dismissal with Prejudice, and the Court having considered the Joint Motion and being otherwise advised in the premises hereby FINDS:
Plaintiffs and Defendant have reached a mutually agreed upon confidential resolution of all issues of law and fact in this case. The agreed upon resolution is intended to effect a full and final resolution of any and all claims and causes of action that were brought or could have been brought in this action by and between these parties. These parties have agreed that any and all claims and causes of action that were brought or could have been brought in this action are to be dismissed with prejudice and have asked the Court to issue an order of dismissal with prejudice accordingly. Plaintiff and Defendant have also agreed to bear their own costs and attorneys' fees.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that:
1. Plaintiffs' Complaint for Payment of Underinsured Motorist Benefits due to Personal Injuries, Violation of the Trade Practices and Frauds Act of the New Mexico Insurance Code, Insurance Bad Faith, Violation of the New Mexico Unfair Practices Act, and Breach of Contract filed in the Second Judicial District Court, County of Bernalillo, State of New Mexico, No. D-202-CV-2024-02928, and removed to this Court on 05/16/24, (“Complaint”) is dismissed with prejudice.
2. Any and all claims and causes of action that were brought or could have been brought in this action are hereby dismissed with prejudice.
3. The parties are to bear their own costs and attorneys' fees.
IT IS SO ORDERED.