AI Generated Opinion Summaries

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 filed a lawsuit against the Defendants, which was dismissed by the district court for lack of prosecution and lack of participation in discovery. The Plaintiff appealed this dismissal.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Plaintiff-Appellant: The Plaintiff's submissions are not detailed in the decision. However, it is noted that the Plaintiff failed to file a memorandum in opposition to the notice of proposed summary disposition issued by the Court of Appeals (para 2-3).
• Defendants-Appellees: The Defendants' specific arguments are not detailed in the decision. However, it is mentioned that a memorandum in support was filed by the Defendants and served on the Plaintiff (para 1).

Legal Issues

• Whether the district court's dismissal of the lawsuit for lack of prosecution and lack of participation in discovery was proper.
• Whether the district court's refusal to reinstate the case was justified.

Disposition

• The Court of Appeals affirmed the district court’s refusal to reinstate the case and dismissed the appeal (para 3).

Reasons

• The Court of Appeals, consisting of Judge M. Monica Zamora, Chief Judge Linda M. Vanzi, and Judge Emil J. Kiehne, based their decision on the Plaintiff's failure to oppose the proposed summary disposition. Despite being given proper and actual notice of the proposed disposition, the Plaintiff did not file a memorandum in opposition. The Plaintiff acknowledged receiving the notice but claimed an inability to open an electronic version sent to her. The Court noted that the Plaintiff had ample opportunity to obtain a paper copy of the notice or request an electronic version directly from the Court. The Plaintiff's failure to comply with the appellate rules and the time limitations set out in Rule 12-210(D)(2) NMRA led to the affirmation of the district court's refusal to reinstate the case and the dismissal of the appeal (paras 1-3).