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Thompson v. THI of New Mexico at Casa Arena Blanca, LLC

United States District Court, D. New Mexico
Mar 15, 2006
No. Civ-05-1331 JB/LCS (D.N.M. Mar. 15, 2006)

Summary

dismissing a case where the plaintiff neither requested a stay nor argued that some claims may not be arbitrable

Summary of this case from Patterson v. Nine Energy Serv., LLC

Opinion

No. Civ-05-1331 JB/LCS.

March 15, 2006

T.A. Sandenaw, CaraLyn Banks, Sandenaw, Piazza, Anderson, P.C., Las Cruces, New Mexico, Counsel, Attorneys for the Plaintiff.

RaMona G. Bootes, Christopher J. DeLara, Guebert, Bruckner Bootes, P.C, Albuquerque, New Mexico, Counsel, Attorneys for the Defendant.


ORDER


THIS MATTER comes before the Court on the Motion to Supplement Plaintiff's Response and Objections to Defendant's Motion to Dismiss and Compel Arbitration, filed February 14, 2006 (Doc. 7). On Monday, February 6, 2006, Thompson filed his Response and Objections to Defendant's Motion to Dismiss and Compel Arbitration. In support of his Response and Objections, Thompson submitted a copy of his affidavit in facsimile format as Exhibit B to the Response and Objections. Subsequent to the filing of this Response and Objections, Thompson's original affidavit became available. Thompson moves to supplement his response and objections to THI's motion to dismiss and to compel arbitration. Thompson encloses his original affidavit as a supplement to his Response and Objections to Defendant's Motion to Dismiss and Compel Arbitration. Thompson requests that the Court allow his original affidavit, which is now available, be a supplement to his original pleading. THI has not filed a response to this motion. IT IS ORDERED that the Motion to Supplement Plaintiff's Response and Objections to Defendant's Motion to Dismiss and Compel Arbitration is granted.


Summaries of

Thompson v. THI of New Mexico at Casa Arena Blanca, LLC

United States District Court, D. New Mexico
Mar 15, 2006
No. Civ-05-1331 JB/LCS (D.N.M. Mar. 15, 2006)

dismissing a case where the plaintiff neither requested a stay nor argued that some claims may not be arbitrable

Summary of this case from Patterson v. Nine Energy Serv., LLC

dismissing a case where the plaintiff neither requested a stay nor argued that some claims may not be arbitrable

Summary of this case from Laurich v. Red Lobster Rests., LLC

explaining that "'[e]xcusable litigation mistakes are not those which were the result of a deliberate and counseled decision by the complaining party . . . ,' but are those 'kinds of mistakes that a party could not have protected against such as counsel acting without authority'" (quoting Yapp v. Excel Corp., 186 F.3d at 1231)

Summary of this case from Crespin v. City of Española

applying New Mexico state law to determine whether the arbitration agreement was unconscionable

Summary of this case from THI of New Mexico at Las Cruces, LLC v. Fox
Case details for

Thompson v. THI of New Mexico at Casa Arena Blanca, LLC

Case Details

Full title:T. DAVID THOMPSON, Individually and as the Personal Representative for the…

Court:United States District Court, D. New Mexico

Date published: Mar 15, 2006

Citations

No. Civ-05-1331 JB/LCS (D.N.M. Mar. 15, 2006)

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