Castillo v. Alvarez ( 2010 )

1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please 2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 3 Please also note that this electronic memorandum opinion may contain computer-generated 4 errors or other deviations from the official paper version filed by the Court of Appeals and does 5 not include the filing date. 6 7 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 8 SALLIE CASTILLO, individually and 9 as mother and next best friend of 10 BELLA CELINE SIMEONE, a 11 minor, by and through her mother and 12 next best friend, 13 Plaintiffs-Appellants, 14 v. NO. 30,038 15 LOUIS ALVAREZ, JESS ROGERS, 16 RON SIERRA, PAUL OSUNA, 17 CANDELARIO JAUREQUI, and 18 COBRE CONSODLIATED SCHOOL 19 DISTRICT, 20 Defendants-Appellees. 21 APPEAL FROM THE DISTRICT COURT OF GRANT COUNTY 22 H. R. Quintero, District Judge 23 James B. Foy 24 Silver City, NM 25 for Appellants 26 German & Associates, L.L.C. 27 Elizabeth L. German 28 Albuquerque, NM 29 for Appellees 1 MEMORANDUM OPINION 2 FRY, Chief Judge. 3 Plaintiffs appeal from an order dismissing their complaint for failure to state a 4 claim on which relief can be granted. In this Court’s notice of proposed summary 5 disposition, we proposed to affirm. Defendants have filed a memorandum in support 6 of our proposed summary disposition. Plaintiffs have not filed a memorandum in 7 opposition, and the time to do so has passed. Therefore, for the reasons stated in the 8 notice of proposed summary disposition, we affirm. 9 IT IS SO ORDERED. 10 11 CYNTHIA A. FRY, Chief Judge 12 WE CONCUR: 13 14 JAMES J. WECHSLER, Judge 15 16 JONATHAN B. SUTIN, Judge 2