Trustees of the New Mexico State Conference of Operative Plasters & Cement...

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

Trustees of the NEW MEXICO STATE

CONFERENCE OF OPERATIVE PLASTERS & CEMENT MASONS PENSION TRUST

FUND; Trustees of the NEW MEXICO STATE

CONFERENCE OF OPERATIVE PLASTERS & CEMENT MASONS APPRENTICESHIP

TRUST FUND; Trustees of the SOUTHWEST

MULTI-CRAFT HEALTH & WELFARE

TRUST FUND; and BUILD NEW MEXICO,

Plaintiffs, vs. No. CIV 09-0883 JB/SCY SOUTHERN BUILDERS, LLC, a New Mexico

Corporation,

Defendant,

MEMORANDUM OPINION AND ORDER

THIS MATTER comes before the Court on the Second Amended Motion for Default Judgment, filed October 25, 2012 (Doc. 30)(“Motion for Default”). The primary issue is whether the Court should grant default judgment in favor of the Plaintiffs. The Court concludes that it does not grant default judgment in favor on the Plaintiffs, because the Plaintiffs fail to prosecute their claim. See Gonzales v. Rio Rancho Police Dept., 426 F. Supp. 3d 1010, 1012 (D.N.M. October 30, 2019)(Browning, J.). Instead, the Court dismisses the case without prejudice for failure to prosecute. See Gonzales v. Rio Rancho Police Dept., 426 F. Supp. 3d at 1012. The Court therefore denies the Motion for Default.

IT IS ORDERED that: (i) the Second Amended Motion for Default Judgment, filed October 25, 2012 (Doc. 30), is denied; and (ii) the case is dismissed without prejudice for failure to prosecute. i \ i 4 _ I '

Nag □□ ourwerag

UNITED STATES DISTRICT JUDGE

Counsel:

William George Walker No /

Walker & van Hetjenoort PC

Albuquerque, New Mexico

Attorneys for the Plaintiffs

Gilbert Rodriguez

Southern Builders, LLC

Las Cruces, New Mexico

Attorneys for the Defendant