Case No. D-1314-CV-2010-00849
Latest court
action history:
September
11, 2013 - Last SEC v Members register of actions update
SEC
v West, et al original Complaint
NEXT HEARING:
No
more hearings - case closed.
August
2010 - Original Cross Claim & Class Action Certification
April 22,
2013 - Order
granting dispositive motions
and
Order
denying amended motion for leave to file first amended cross-claim
NOTE: this could mean the end of the legal actions.
|
RELATED
DOCUMENTS
By-laws
as of May 5, 2012
Legal
Dictionary
5/21/10
- letter
to board by Atty Francish to take the proposals to court
Case
Law supporting Member Positions
New
Mexico Statutes Chapter 62 > Article 15 - Rural Electric Cooperatives
Dear
Attorney General: the Records, Please
(Abq Journal)
("Under litigation" is no excuse to not comply with
record request)
083112-SEC
Lawyers and the Law (Commentary)
082912-ElectionsCoveredCode-1-1-19
082912-NMRECA
62-15-7 Bylaws
082912-IPRA
VII Procedure for Requesting Records
071010-SEC
Sues members
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DOCUMENT
HISTORY
|
Court Publication Date
|
Document
|
April
11, 2013 - |
Order
granting dispositive motions
Order
denying amended motion for leave to file first amended cross-claim
|
Aprill
22, 2013 - Response |
042213-
Response to Emergency Motion for Order to Show Cause |
April
17, 2013 - Show cause |
041713
- Emergency Motion For Order to Show Cause
- Emergency
Motion for Order to Show Cause
041713
- Request for hearing date
|
May
1, 2013 - Judge ruling on Emergency Motion |
050113
Emergency Motion Letter
(nb: Reform atty
did not receive the letter until May 9) |
April
17 and 22, 2013 - Emergency Motion re: District V proposals |
Emergency
Motion For Order to Show Cause
042213-
Response to Emergency Motion for Order to Show Cause
Request
for hearing date
Related: The
Proposals at the District 5 |
January
4, 2013 - Notice of Telecomference hearing |
010413-
Teleconf hearing on March 24, 2013 at 10.30am
|
November
26, 2012 - From Darin Foster |
Addressing
Matters Raised in Plaintiff's Letter to the Court. 112612-Response
re. Matters Raised in Letter to Court
See also: Aug.
14,2012 - 081412-Mitchell-Letter
and
Nov 5, 2012 - 112612-Plaintiffs'
Response to the Court's August 14, 2012 Letter Regarding an Appropriate
Remedy
|
November
8, 2012 |
110812-Respondent's
expedited motion to vacate Nov 12, 2012 Hearing & points in
support thereof.
110812-Sample
Release Letter in the motion to vacate
|
November
5, 2012 |
110512-BriefRegardAppropriateRemedy Plaintiffs'
Response to the Court's August 14, 2012 Letter Regarding an Appropriate
Remedy
|
October
13, 2012 - Memo. from Darin Foster |
101312-Addressing
Matters of Court Authority to Review Actions of Corporate Board
of Trustees (Memorandum by Darin Foster - counsel for
Defendant SEC)
|
September
20, 2012 - |
092012-Mitchell
letter Agreed order to stay proceedings
(ref's 081412-Mitchell-letter
stay proceedings ) |
August 30,
2012 -
|
AGREED
MOTION TO STAY PROCEEDINGS
UNOPPOSED
NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL
083012-HistorySECvWest
update
|
August
20, 2012 - Letter from Judge Mitchell |
August
20, 2012 - 082012-Mitchell-Letter
Letter from Judge Mitchell to the three law offices involved
in the law suits. "...some of the allegations, if proven,
are extraordinarily serious..." (see also 092012-Mitchell
letter Agreed order to stay proceedings
|
August
14, 2012 - Letter from Judge Mitchell |
081412-Mitchell-Letter
."Some of
the allegations, if proven, are extraordinarily serious..."
see also 092012-Mitchell-Letter
|
August
1, 2012 - Notice of unavailability |
080112-NoticeUnavailibility-
Kortemeier
080112-HistorySECvWest
update |
July
20, 2012 - Order for meeting (Revised 7/19/12 order) |
Order
on Meeting in Exec Session for July 31, 2012 Revision-1
|
July
19, 2012 - Order for meeting |
Order
on Meeting in Exec. Session for July 31, 2012
(Revised 7/20/12) |
July
12, 1012 - History updated |
071212-HistorySECvWest
update |
July
12, 1012 - Notice of Hearing and Certificate of Service |
071212-Notice
of Hearing
- teleconference
w/Judge Mitchell 11.30AM
071212-Certificate
of Service -
Notifying the Notice of Hearing 7/12/12 |
June 25, 2012
- three filings - History updated
|
062512-HistorySECvWest
update
062512-OrderToVacateHearing
Status hearing that was set for 9/28/12 canceled
062512-Notice
of Hearing
- "all pending motions hearing" 11/30/12 9AM Los Lunas
062512-OrderGrantingCounselLeaveWithdraw
-
Tom Fitch granted leave to withdraw
|
June
4, 2012 - Notice of unavailability |
Deschamps:
June 15 29, 2012 Out of State and July 16 23,
2012
060412-noticeofunavialabiity |
May
7, 2012 - see description |
Defendants'
Reply to Plaintiff's/Cross Claim Defendant's Response to amend Motion
for leave to file (sic) Amended Cross Claim |
May
7, 2012 - 2nd amended notice of completion of briefing |
Auffry,
Meyers notice. (see other document dated May 7, 2012) |
April
26, 2010 - Document History to date. |
042612-HistorySECvWest
|
April
26, 2012 - Notice of Completion of Briefing |
(related
to 4/20/12 doc) Cross Claim Defendants
and related to 3/30/12 -
Resp. to Amended Motion for Leave to Amend Cross Claim (see below) |
April
20, 2012 - Notice of Completion of Briefing |
Cross
Claim Defendants.... (Re: Carol Auffrey and Herbert Myers)
|
April
19, 2012 - Request for documents |
Ltr
from C.West atty to SEC requesting compliance with record request
|
March
30, 2010 - Response to Amended Motion.... |
for
Leave to Amend Cross Claim
(Related to 4/26/12
document above) |
March
30, 2012 - Response |
Soc
Elec-Cross Claim Def's Resp to mtn to amend cross claim |
March
19, 2012 - Order vacating hearing March 21 |
ORD:
VACATING HEARING vacating March 21, 2012 |
March 12,
2012 - Motion for Leave to file amended cross claim
Amended
Cross Claim.
|
Amended
Motion for leave to file first amended cross claim
First
Amended Cross Claim and Request for Class Action Certification |
February
24, 2012 |
022412-
Motion to withdraw defendants amended motion to abate response to
plantiffs Jan. 25, 2012, dispositive motions
|
February 23,
2012
|
2/25 - Attorneys
for co-op members answer
back (D
Chieftain)
022312
- Response to plantiffs motion to dismiss for failure to Join
an indispensable
party
021312
- Motion for leave to file an amended cross-claim
022312
- Order Granting Extension of time for response to Plantiff's
motion to stay discovery
022312
- Response to plantiffs motion to dismiss for lack of standing
022312
- Response to Plantiffs Motion for partial summary judgment as
to all claims involving voting rights.
022312
- Response to motion to dismiss for lack of subject-matter jurisdiction
under NM Rural Electric Cooperative Act
022312
- Response to motion to dismiss claims and for judgment on the
pleadings based on failure to plead under rule 1-009(b)
|
February
21, 2012 - Motion to Withdrawal
2/22 - Attorneys
intend to amend countersuit... (D
Chieftain) |
022112-mtn-2-withdraw-1570358
Motion for
withdrawal (Defendants Fitch and Tausch)
|
February
16, 2012 - 2 Motions:
2/15 - A
flurry of filings in Socorro Electric
countersuit
(D Chieftain)
|
021612-mtn-extnd-time-1546768
Defendants' motion for extension of time to file a response
to Plaintiff's motion to stay discovery
021612-resp-2-mtn-protect-order-1546767
Defendants' & cross claim plaintiffs' response to motion
for protective order
|
February
13, 2012 - NTC: of Hearing
2/15 - A
flurry of filings in Socorro Electric countersuit
(D Chieftain)
|
021312-Notice
of Hearing
Date: Feb. 27, 2012 Time 9:30am Place:
Telephone Matter: Motions Hearing |
February
8, 2012 - several motions
2/8 - Cooperative
files more motions (D
Chieftain) |
020912
- SECvW-RqTrialJury-321
Request for hearing and jury trial
020812-X-claimDefNotOpposition-153
Cross Claim Defendants' Notice of Opposition
020812-mtn-ext-timeExB-106
Exhibit B: Emails between Darin Foster (Kennedy & Han)
to Shiloh Pallante (Deschamps & Kortemeier)
020812-mtn-ext-timeExA-105
Exhibit A: Emails between Selinger (Ikard Wynne) to Foster (Kennedy
& Han)
020812-mtn-ext-time-104
Defendant's Motion to Extend Time to File Responses to Plaintiffs
January 25, 2012 Motions
020812-mtn-abate-103
Defendant's Motion to Abate Response to Plaintiffs Jan. 25, 2012
Dispositive Motions
|
February 1,
2012 2 motions
Feb
4, 2012-press release
|
Document 1474108
- motion
to stay discovery
Document 1471107
- Soc
Elec-Motion for Protective Order w/exhibits
|
January
25, 2012 - Several Motions to Dismiss Filings, etc.
Feb 2, 2012 Press release
and
Feb
4, 2012-press release
2/1 - Co-op
calls for countersuit to be dismissed (D
Chieftain |
Document
1438889 - Motion
to Dismiss Claims for Lack of Subject Matter Jurisdiction Under
NMREC Act - 889
Document 1438907
- Motion
to Dismiss for Failure to Join Indispensable Party - Includes
1st Affidavit of Joseph Herrera (GM) - 907
Document 1438908
- Plaintiff's
Motion to Dismiss for Lack of Standing - 908
Document 1438910
-
Motion to Dismiss Claims and for Judgment on the Pleadings Based
on Failure to Plead under Rule 1-009(b) and 2nd Affidavit of Joseph
Herrera - 910
Document -
1438911 - Plaintiff's
Motion for Partial Summary Judgment as to all Claims Involving
Voting Rights - Includes 2nd Affidavit of Joseph Herrera (GM)
- 911
|
Hearing
Dates Set
|
03/21/2012
STATUS (3/16/12) TO BE RESCHEDULED
06/21/2012 STATUS HEARING/CONFERENCE (9:00 AM) (Judge Mitchell)
09/28/2012 STATUS HEARING/CONFERENCE (9:00 AM) (Judge Mitchell) |
2011
|
Documents
|
December
16, 2011 - Reply Doc - 449 |
Plaintiffs
Reply to Defendants Response to motion to reconsider ... atty fees.
|
December
16, 201 - Reply Doc - 448 |
|
December
9, 2011 - Response - 078 |
Resp
to Motion to Reconsider Order Awarding fees - Re: Fitch & Taush
|
December
8, 2011 - Notices of hearing case -849 |
Notices
for 2012: March
21
June
21
Sept
28
|
December
6, 2011 - Order Granting -971 |
Order
granting counsel (Dennis Francish) leave to withdraw
|
December
2, 2011 - Status hearing (no documents) |
STATUS
HEARING/ CONFERENCE (9:00 AM) (Judicial Officer Mitchell, Albert
J., Jr.)
Telephonic Status Hearing at the District Court in Tucumcari, NM
beginning at 9:00am. Mr. Deschamps office will initiate conference
call to Judge Mitchell |
November
28, 2011 Response - 546 |
112811-Plaintiff's
Motion to Reconsider Order Awarding Atty Fees should be denied...
|
November
21, 2011 - Motion to Reconsider/Review fees - 881 |
112111-Plaintiff's
motion to reconsider order awarding atty fees
7 pgs |
November
8, 2011 - Order awarding atty fees - 962 |
110811-Order
awarding attorney's fees 4
pgs 11/12 - SEC
ordered to pay lawyers (D Chieftain) |
October
25, 2011 - Notice of status hearing - 147
|
102511-Notice
of hearing for 12/2/11
STATUS HEARING/ CONFERENCE (9:00 AM) (Judicial Officer Mitchell,
Albert J., Jr.) Telephonic Status Hearing at the Distinct Court
in Tucumcari, NM beginning at 9:00am. Mr. Deschamps office will
initiate conference call to Judge Mitchell - 11/12
- Judge
calls for status hearing (D Chieftain)
|
July
29, 2011 - Reply - 511 |
072911-Reply
to Fitch, etc, motion for attorney's fees & costs 3
pgs
|
July 14, 2011
- Reply -932
|
071411-Plaintiff's
Response to Motion for Attorney's Fees
8 pgs
|
July
6, 2011 - Reply - 708 |
070611-SEC
Reply to Response re: Atty Fees
9 pgs
|
July 1, 2011
- Response - 322
|
070111-Plaintiff's
Response to Motion for Attorney's Fees 15
pgs
|
June 29, 2011
- Motion - 212
|
062911-Motion
for Attorney's Fees & Costs (F&T) 12
pgs
|
June 24, 2011
- Order - 704
|
062411-Order
on Hearing on Partial Merits 5
pgs
|
June 13, 2011
- Motion - 386
|
061211-Attorney
Fees and documents SEC 6
pgs
|
May 25, 2011
- Exhibit Receipt - 285
|
052511-Receipt
for Exhibits 2
pgs
|
May 20, 2011
- Affidavit - 778
|
052011-Affidavit
of Non-Admitted Attorney (Ikard)
2
pgs
|
April 13,
2011 - Resp. To memorandum brief - 155
|
041311-Wagner
Response to Brief
7
pgs
|
March 30,
2011 - Brief - 307
|
033011-Brief
Relief Requested 10
pgs
|
March 29,
2011 - Order - 405
|
032911-Decision
Regarding Applicability of Relief 3
pgs
|
March 29,
2011 - Order of Dismissal - 397
|
032911-Order
Dismissing Defendant Mountain Mail 2
pgs
|
March 18,
2011 - Order - 107
|
031811-(2nd
Proposed) Order Dismissing Defendant Don Klein 2
pgs
|
March
9, 2011 - Ltr from Kennedy re: letter from GM Re: meeting notice |
030911-meeting
notice compliance
|
March
9, 2011 - Letter from Judge Mitchell re: billing & hearing |
039211-Hearing-billing-from
Mitchell.pdf
|
March 1, 2011
- Notice of hearing - 361
|
080111-Notice
of Hearing 1
pg |
February 4,
2011 - Response - 129
|
020411
- Plantiff Resp Memorandum
5
pgs |
January 20,
2011 - Order - 732
|
012011-Decision
Regarding Venue 2
pgs |
January 20,
2011 - Memorandum Brief - 179
|
012011-West,
Wagner, et al. Memo. Brief re: Binding Effect w/o Class Certification
8
pgs |
January 20,
2011 - Brief - 961
|
012011-Plaintiff's
Hearing Brief on Applicability of Requested Relief
7 pgs |
2010
|
Documents
|
December 23
2010 - Brief - 941
|
123010-Hearing
Brief on Issues and Change of Venue 10
pgs |
December 22,
2010 - Notice of hearing - 795
|
122210-795-122210-ntc
hearing
Notice of hearing Lunas Feb 25, 2011
|
December 22,
2010 - Notice of hearing - 794
|
122210-794-122210
- ntc hearing
Notice of hearing May 18, 2011 in Soc. |
December 3,
2010 - Notice of hearing - 011
|
120310-011-120310-notice
of hearing
Amended Notice of Hearing
|
November
14, 2010 - Notice of hearing - 119 |
119-111510-ntc
hearing
Notice of hearing Dec 14, 2010
|
News item:
July 7, 2010
|
070710-SEC
Sues members
|