This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The Plaintiff, acting pro se, filed a complaint against the Defendants for civil conspiracy and intentional infliction of emotional distress. The district court dismissed her complaint on the grounds of res judicata and collateral estoppel.
Procedural History
- Appeal from the District Court of Bernalillo County, Beatrice J. Brickhouse, District Judge: The district court dismissed the Plaintiff's complaint for civil conspiracy and intentional infliction of emotional distress on res judicata and collateral estoppel grounds.
Parties' Submissions
- Plaintiff-Appellant: Argued against the district court's dismissal of her complaint for civil conspiracy and intentional infliction of emotional distress, supporting the Court of Appeals' proposed summary reversal.
- Defendants-Appellees: Filed a memorandum in opposition to the Court of Appeals' first notice of proposed summary reversal but did not respond to the second notice within the allotted time.
Legal Issues
- Whether the district court's dismissal of the Plaintiff's complaint for civil conspiracy and intentional infliction of emotional distress on res judicata and collateral estoppel grounds was appropriate.
Disposition
- The Court of Appeals summarily reverses the district court’s order dismissing the Plaintiff’s complaint.
Reasons
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Per CELIA FOY CASTILLO, Judge (CYNTHIA A. FRY, Chief Judge, and LINDA M. VANZI, Judge concurring): The Court of Appeals proposed a summary reversal of the district court's dismissal, indicating a preliminary agreement with the Plaintiff's position against the dismissal on res judicata and collateral estoppel grounds. After issuing a second notice of proposed disposition and receiving no response from the Defendants within the given timeframe, the Court decided to summarily reverse the district court's dismissal of the Plaintiff's complaint, suggesting that the appellate court found the district court's application of res judicata and collateral estoppel to be incorrect or improperly applied in this case.
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