New Mexico ex rel. State Engineer v. Aamodt

582 F. Supp. 2d 1313, 2007 U.S. Dist. LEXIS 97834
CourtDistrict Court, D. New Mexico
DecidedMay 24, 2007
DocketNo. Civ. 66-06639 MV/LCS
StatusPublished
Cited by1 cases

This text of 582 F. Supp. 2d 1313 (New Mexico ex rel. State Engineer v. Aamodt) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
New Mexico ex rel. State Engineer v. Aamodt, 582 F. Supp. 2d 1313, 2007 U.S. Dist. LEXIS 97834 (D.N.M. 2007).

Opinion

[1314]*1314 MEMORANDUM OPINION AND ORDER

MARTHA VÁZQUEZ, Chief Judge.

THIS MATTER comes before the Court on the Motion of Settlement Parties to Establish Procedures for (1) Approval of Settlement Agreement, (2) Entry of a Partial Final Decree, (3) Entry of Interim Administrative Order, and (4) Entry of a Final Decree. (Doc. No. 6185, filed November 1, 2006) (“Motion”). For the reasons given below, the Court will GRANT the Motion subject to the instructions given in this Order. Before giving those instructions, the Court will briefly discuss the two responses to the Motion.

THE UNITED STATES’ RESPONSE

The United States’ does not oppose the Settlement Parties’ Motion. Its four-sentence Response raises the following points:

The United States takes no position on the Settlement Parties [sic] motion .... [1315]*1315[which] appears to offer a sound mechanism to address procedural issues.... [T]he United States does not support the current proposed settlement agreement, and the agreement will likely require significant substantive changes before the United States’ concerns are addressed. Changes to the settlement agreement may in turn require the parties to revisit and amend the [proposed] procedures....

(United States’ Response, Doc. No. 6199, filed December 19,2006).

The United States does not identify how changes to the settlement agreement may require the parties to amend the proposed procedures. Should any changes require such amendments, any party may file a motion to amend the procedural order.

MR. PAUL WHITE’S RESPONSE

Mr. White, a pro se defendant, raises seven arguments in opposition to the Settlement Parties’ Motion. (See Paul White’s Response, Doc. No. 6195, filed December 14, 2006, “Response”).

Standing to Assert that the Settlement is Contrary to Public Welfare

Mr. White argues that applicable law does not require that objectors must demonstrate a legally cognizable injury to argue that adoption of the settlement agreement is not fair, adequate, reasonable, in the public interest or consistent with applicable law. (Response at 1). Mr. White does not identify the “applicable law” that he contends does not require a showing of a legally cognizable injury.

The Court will require that any person objecting to the settlement agreement must state in their objection how the objector will be injured or harmed by the settlement agreement in a legally cognizable way. Non-settling defendants, in general, lack standing to object to a partial settlement. In re Integra Resources v. Fidelity Capital Appreciation Fund, 262 F.3d 1089, 1102 (10th Cir.2001) (citing 5th, 9th and D.C. Circuit cases); Waller v. Financial Corp. of America, 828 F.2d 579, 582-583 (9th Cir.1987) (citing 1st, 5th and 7th Circuit cases). Courts have, however, recognized a limited exception to this rule where non-settling parties can demonstrate they are prejudiced by a settlement. Id. “This standard strikes a balance between the desire to promote settlements and the interests of justice.” Waller v. Financial Corp. of America, 828 F.2d at 583. “ ‘Prejudice’ means ‘plain legal prejudice,’ as when ‘the settlement strips the party of a legal claim or cause of action.’ ” In re Integra Resources v. Fidelity Capital Appreciation Fund, 262 F.3d at 1102 (it is not sufficient to show merely the loss of some practical or strategic advantage in litigating the case).

Requiring objectors to describe how they will be injured or harmed by the settlement agreement in a legally cognizable way is also consistent with New Mexico water law. Any person objecting that the granting of a surface or groundwater permit application will be contrary to the conservation of water within the state or detrimental to the public welfare of the state must show “that the objector will be substantially and specifically affected by the granting of the application” to have standing to file an objection. N.M. Stat. Ann. §§ 72-5-5.B. and 72-12-3.D.

Substantive Issues Decided by District Judge

Mr. White states “Substantive decisions should be left to the Federal District Judge to determine, not the Magistrate [1316]*1316Judge as called for in the motion. The Magistrate Judge should not rule on the validity of objections and this provision is inappropriate.” (Response at 1). Mr. White does not specify the provision to which he refers, but it appears that he is referring to the “Objections” provision on page 4 of the proposed order which states “The objection process shall be conducted by the presiding Magistrate Judge” and the final sentence on page 5 of the proposed order which states “The presiding Magistrate Judge shall conduct all proceedings necessary and related to the objection process.”

Federal law permits a district judge to designate a magistrate judge to hear and determine any pretrial matter pending before the court, with certain exceptions, to conduct hearings, including evidentiary hearings, and to submit to the district judge proposed findings of fact and recommendations for disposition. 28 U.S.C. §§ 636(b)(1). The district judge may also assign to a magistrate judge such additional duties as are not inconsistent with the Constitution and laws of the United States. 28 U.S.C. §§ 636(b)(3). The Honorable Martha Vázquez, Chief United States District Judge, has referred all matters in this case, as permitted by the provisions of 28 U.S.C. §§ 636(b)(1) and (b)(3), to the Honorable Leslie C. Smith, United States Magistrate Judge. (Order of Reference, Doc. No. 6216, filed February 23, 2007).

The Magistrate Judge will conduct all proceedings necessary and related to the objection process and submit his proposed findings and recommended disposition to the District Judge. Within ten days after being served with the Magistrate Judge’s proposed findings and recommendations, any party may serve and file written objections to such proposed findings and recommendations. 28 U.S.C. §§ 636(b)(1). The District Judge will then make a de novo determination of those specified proposed findings and recommendations to which objection is made. Id. (iemphasis added) (a district judge may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge, or recommit the matter to the magistrate judge with instructions). The Federal Magistrates Act, 28 U.S.C. §§ 636(b)(1), calls only for a de novo determination of objections to the Magistrate Judge’s report by the District Judge; it does not require that the District Judge conduct a de novo hearing. United States v. Raddatz, 447 U.S. 667, 673-676, 100 S.Ct. 2406, 65 L.Ed.2d 424 (1980).

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Related

NEW MEXICO EX REL. STATE ENGINEER v. Aamodt
582 F. Supp. 2d 1313 (D. New Mexico, 2007)

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582 F. Supp. 2d 1313, 2007 U.S. Dist. LEXIS 97834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-mexico-ex-rel-state-engineer-v-aamodt-nmd-2007.