1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.

3 Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.

7 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO SALLIE CASTILLO, individually and as mother and next best friend of BELLA CELINE SIMEONE, a minor, by and through her mother and next best friend, 13 Plaintiffs-Appellants, v. NO. 30,038 LOUIS ALVAREZ, JESS ROGERS, RON SIERRA, PAUL OSUNA, CANDELARIO JAUREQUI, and COBRE CONSODLIATED SCHOOL DISTRICT, 20 Defendants-Appellees.

21 APPEAL FROM THE DISTRICT COURT OF GRANT COUNTY H. R. Quintero, District Judge James B. Foy Silver City, NM for Appellants German & Associates, L.L.C. Elizabeth L. German Albuquerque, NM for Appellees 1 MEMORANDUM OPINION FRY, Chief Judge.

3 Plaintiffs appeal from an order dismissing their complaint for failure to state a claim on which relief can be granted. In this Court’s notice of proposed summary disposition, we proposed to affirm. Defendants have filed a memorandum in support of our proposed summary disposition. Plaintiffs have not filed a memorandum in opposition, and the time to do so has passed. Therefore, for the reasons stated in the notice of proposed summary disposition, we affirm.

9 IT IS SO ORDERED.

11 CYNTHIA A. FRY, Chief Judge WE CONCUR:

14 JAMES J. WECHSLER, Judge

16 JONATHAN B. SUTIN, Judge