Rogers states that he "spent the week in New Mexico" working on Mr. Rogers and the Rogers Law Firm, in which Mr. In support of his opposition, Plaintiff submitted a JFacebook post of Mr.
Burton, had never been to New Mexico for business, only to ski. Burton, has never participated in any litigation in New Mexico neither he nor the Rogers Law Firm has ever advertised in New Mexico or filed any taxes in New Mexico and, prior to being retained by Mr.
#Crow of judgment pro#
Rogers' affidavit states that: he resides in and is licensed to practice law in Mississippi he is not licensed to practice law in, has never been admitted pro hac vice in, and, until his representation of Mr. In support of their motion, Defendants submitted the affidavit of Mr. Plaintiff opposes the motion, arguing that Defendants "have purposeful and significant contacts with the State of New Mexico, warranting the exercise of personal jurisdiction over them." Doc. On their instant motion, Defendants seek dismissal of the action on the basis that this Court lacks personal jurisdiction over them. On August 22, 2018, Defendants removed the action to this Court. The Complaint alleges claims of tortious interference with contract, negligence, and prima facie tort. Sanders responded, "He has been in contact with us." Id.īased on these facts, Plaintiff, the Crow Law Firm, commenced the instant action in New Mexico State Court against Mr. Oby Rogers been in contact with you?" Id. Crow responded, "It doesn't appear so, has Mr. Crow on June 20, 2018, asking whether he was still representing Mr. Ryan Sanders, an attorney at Butt Thornton & Baehr in Albuquerque, New Mexico, forwarded the letter to Mr. Burton has been terminated as of June 15, 2018." Id. The letter also stated: "t is my understanding that you have previously been contacted by B.J.
Burton and directing that Agava preserve the evidence related to the accident. Burton's accident, indicating that the Rogers Law Firm was representing Mr. Rogers sent a letter to Agava Transportation Services ("Agava") in Carlsbad, New Mexico, regarding Mr. Burton "would prefer that not attempt to contact regarding decision to terminate. The email message also indicated that Mr. Burton stating, "Thanks BJ for your help but I have decided to use Oby Rogers on my case." Id. The email message attached a handwritten note from Mr. Burton "wrote a note out firing Crow, handed to Rogers, and signed" a contract retaining Mr.
Burton "wanted to fire Crow then he needed to write it out and sign it and then he could continue talking to. Crow to represent him in connection with the accident, but indicated that he wanted to "fire Crow." Id. Burton then disclosed that he had previously retained Mr. Rogers responded, "What are you talking about?" Id. Rogers, "What do I do with the other lawyer?" Id.
Rogers, and decided to retain him in connection with his New Mexico accident. Burton returned to Mississippi on May 17, 2018. Crow and the Crow Law Firm to represent him in connection with the accident. While he was in El Paso, on May 16, 2018, Mr. He was airlifted to University Medical Center in El Paso, Texas. On May 6, 2018, Kolby Burton, who lives in Mississippi, was injured in an automobile accident in Loving, New Mexico. The relevant facts, as alleged in the Complaint and demonstrated by the parties' affidavits, are as follows. The Court, having considered the motion and relevant law, finds that the motion is well-taken and will be granted. THIS MATTER comes before the Court on Defendants' Motion to Dismiss for Lack of Personal Jurisdiction. MARTHA VÁZQUEZ United States District Judge
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