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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO JULIE SAKURA, as Personal Representative of the Estate of SERGIO RAUL MONTANO- MORENO, and GLORIA MORENO, 5 Plaintiffs-Appellees, v. No. 31,804 CHESAPEAKE OPERATING, INC., UNITED DRILLING, INC., DIXIE ELECTRIC, INC., SWEATT CONSTRUCTION, INC., and JAMES BAUCOM, 11 Defendants-Appellees, and McELVAIN OIL & GAS PROPERTIES, INC., 14 Defendant-Appellant.

15 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY Barbara Vigil, District Judge Sommerman & Quesada, LLP George (Tex) Quesada Dallas, TX Fadduol, Cliff & Hardy, P.C.

21 Sam Fadduol Richard Hardy Lubbock, TX for Appellees Miller Stratvert PA Timothy R. Briggs Thomas R. Mack Albuquerque, NM for Appellants United Drilling, Inc. McCormick, Caraway & Tabor, LLP Matthew T. Byers Carlsbad, NM for Appellants McElvain Oil & Gas

13 MEMORANDUM OPINION BUSTAMANTE, Judge.

15 McElvain Oil & Gas Properties, Inc. (McElvain) seeks to appeal from an order granting co-Defendant United Drilling, Inc.’s (United’s) motion for summary judgment, together with a stipulated order dismissing all of Plaintiffs’ claims against United. We filed a notice of proposed summary disposition on February 13, 2012, proposing to dismiss for want of a final, appealable order. On March 1, 2012, memoranda in support were filed by United and Plaintiffs. No memorandum in opposition has been filed, and the time for doing so has passed.

1 Accordingly, for the reasons set forth in the notice of proposed summary disposition, this appeal is dismissed.

3 IT IS SO ORDERED.

5 MICHAEL D. BUSTAMANTE, Judge WE CONCUR:

8 JAMES J. WECHSLER, Judge

10 CYNTHIA A. FRY, Judge