Welch v. ABQ Roof Sys.

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-39139 GRETCHEN WELCH, Plaintiff-Appellee, v. ABQ ROOF SYSTEMS, LLC, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY James A. Noel, District Judge Bauman & Dow, P.C.

Christopher P. Bauman Cynthia L. Weisman Albuquerque, NM for Appellee Calvert Menicucci, P.C.

Sean R. Calvert Albuquerque, NM for Appellant MEMORANDUM OPINION HANISEE, Chief Judge. {1} Defendant ABQ Roof Systems is appealing from a district court order denying its motion to compel arbitration. We issued a calendar notice on October 15, 2020, proposing to affirm. Plaintiff has responded with a memorandum in support. Defendant has not filed a memorandum in opposition, and the time for doing so has expired. See Rule 12-210(D)(2) NMRA. Accordingly, we affirm the district court. See Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287 (stating that “[f]ailure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice”). {2} IT IS SO ORDERED.

J. MILES HANISEE, Chief Judge WE CONCUR: KRISTINA BOGARDUS, Judge BRIANA H. ZAMORA, Judge