City of Gallup v. Hart

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-38609 CITY OF GALLUP, New Mexico, a municipal corporation, Plaintiff/Counterdefendant-Appellee, v. PHILLIP HART, Defendant/Counterplaintiff-Appellant.

APPEAL FROM THE DISTRICT COURT OF MCKINLEY COUNTY Robert A. Aragon, District Judge Stelzner, Winter, Warburton, Flores & Dawes, P.A.

Juan L. Flores Jaime L. Dawes Albuquerque, NM for Appellee Johanna C. Cox Albuquerque, NM for Appellant MEMORANDUM OPINION HANISEE, Chief Judge. {1} Defendant appeals from the district court’s final judgment granting Plaintiff’s motions for summary judgment on Defendant’s counterclaims for harassment, retaliation, and defamation. We issued a notice of proposed summary disposition, proposing to affirm. Plaintiff filed a memorandum in support of our notice. Defendant, however, has not filed a response to our notice, and the time for doing so has expired.

“Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice.” Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287. Accordingly, for the reasons set forth in our notice, we affirm. {2} IT IS SO ORDERED.

J. MILES HANISEE, Chief Judge WE CONCUR: JENNIFER L. ATTREP, Judge BRIANA H. ZAMORA, Judge