United States District Court, D. New Mexico
JUDGMENT AND ORDER APPOINTING SPECIAL MASTER
matter comes before the Court upon Plaintiff's Motion for
Award of Amounts (Motion) and Elizabeth Dranntel's
Affidavit of Attorney Fees and Costs (Affidavit), both filed
on July 7, 2017. (Docs. 149 and 150). Defendants Marie A.
Martinez a/k/a Marie Martinez and Felix J. Martinez a/k/a
Felix Joe Martinez (collectively, the Martinezes) filed a
response on July 30, 2017, and Plaintiff filed a reply on
August 10, 2017. (Docs. 156 and 157). Having reviewed the
Motion, the Affidavit, and the accompanying briefs, the Court
grants the Motion.
seeks an order awarding $445, 248.51, the total amount owed
on the Note (including interest, tax, and costs) at issue in
this foreclosure action as of June 18, 2017, and $34, 256.51,
the amount of attorney's fees and costs incurred in
litigating this lawsuit. Plaintiff also requests that the
Court appoint Jennifer A. Taylor as Special Master to hold
the foreclosure sale of the property.
response to the Motion, the Martinezes apparently argue that
the Court should reconsider its March 1, 2017, Memorandum
Opinion and Order in which it granted summary judgment in
favor of Plaintiff. See (Doc. 140). Because the
Martinezes made their request to reconsider more than 28 days
after the Court entered its Memorandum Opinion and Order, the
Court construes the request to reconsider under Fed.R.Civ.P.
60(b) (providing for motion for relief from judgment).
Cf. Fed. R. Civ. P. 59(e) (“A motion to alter
or amend a judgment must be filed no later than 28 days after
the entry of the judgment.”). Federal Rule of Civil
Procedure Rule 60(c)(1) states that a Rule 60(b) motion
“must be made within a reasonable time….”
A reasonable time is dependent upon whether the movant has
provided “sufficient justification for the
delay.” Sorbo v. United Parcel Serv., 432 F.3d
1169, 1178 (10th Cir. 2005). Here, the Martinezes waited
almost five months to request reconsideration and did not
provide any reason for such a delay. The Court determines
that the Martinezes' request for reconsideration was not
made within a reasonable time. For that reason, the Court
denies the request for reconsideration.
Martinezes do not otherwise object to the amount of the
awards Plaintiff seeks. Independent of the absence of an
objection, and having reviewed the Affidavit, the Court finds
that the request for attorney's fees and costs is
reasonable. The Martinezes also do not object to
Plaintiff's proposed Special Master, Jennifer A. Taylor.
Martinezes, however, “[r]equest that the court order
the sequestering of the alleged note until the Debt is
satisfied, and if the Plaintiff refuses Martinez [sic]
request that the Court order Plaintiff to allow Martinezes to
inspect the alleged Note at Plaintiffs [sic] office.”
(Doc. 156) at 9. Plaintiff did not respond to this request.
Finding no prejudice to Plaintiff, the Court will order that
Plaintiff's attorney allow the Martinezes to inspect the
Note at her office.
foregoing reasons, the Court ORDERS that:
1. Plaintiff's Motion for Award of Amounts (Doc. 149) is
2. the Martinezes' request for reconsideration is denied
3. Plaintiff is awarded a judgment in the amount of $445,
4. Plaintiff is awarded attorney's fees and costs in the
amount of $34, 256.51; and
5. Plaintiff's attorney shall allow the Martinezes to
inspect the Note at issue at Plaintiff's attorney's
office at a time convenient to the parties, but no later than
October 31, 2017.
FURTHER ORDERED that
Property at issue in this lawsuit is ordered to be sold and
that Jennifer A. Taylor, Ancillary Legal Support, Inc., is
appointed Special Master to advertise and sell the Property
and make a report thereof to this Court as provided by law;
the event that the Special Master is unable to conduct the
sale when scheduled, the Special Master may designate a
successor to act as Special Master, without further notice or
order, and said successor shall conduct the sale, notice of