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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 KAREN GRUBB, 3 Plaintiff-Appellant, v. NO. 32,071 NEW MEXICO CANCER CENTER, LLC , f/k/a New Mexico Oncology Hematology Consultants, and MIKAL SMOKER, P.A., and MIKAL SMOKER, individually, 9 Defendants-Appellees.

10 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Beatrice J. Brickhouse, District Judge James A. Mungle, P.A.

13 James A. Mungle Albuquerque, NM for Appellant Allen, Sheperd, Lewis, Syra & Chapman, P.A.

17 Ben M. Allen Christopher R. Reed Albuquerque, NM for Appellee New Mexico Cancer Center Hinkle, Hensley, Shanor & Martin, L.L.P. William P. Slattery Dana S. Hardy Santa Fe, NM for Appellee Mikal Smoker 5 MEMORANDUM OPINION KENNEDY, Judge.

7 Summary dismissal was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary dismissal has been filed, and the time for doing so has expired.

10 DISMISSED.

11 IT IS SO ORDERED.

12 _______________________________ 13 RODERICK T. KENNEDY, Judge

14 WE CONCUR:

15 ___________________________ JAMES J. WECHSLER, Judge

17 ___________________________ CYNTHIA A. FRY, Judge