Court of Appeals of New Mexico

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CATHY TORRES,
Plaintiff-Appellant,
v.
OHKAY CASINO RESORT,
TSAY CORPORATION, and
RON LOVATO, CEO,
Defendants-Appellees.

NO. 30,624

COURT OF APPEALS OF NEW MEXICO

December 28, 2010

APPEAL FROM THE DISTRICT COURT OF SAN MIGUEL COUNTY, Eugenio S. Mathis, District Judge

COUNSEL

Eric Loman, Albuquerque, NM, The Bregman Law Firm, P.C., Sam Bregman, Albuquerque, NM, for Appellant

Bergen Law Offices, LLC, Lee Bergen, Albuquerque, NM, for Appellees

JUDGES

CELIA FOY CASTILLO, Judge. WE CONCUR: MICHAEL D. BUSTAMANTE, Judge, LINDA M. VANZI, Judge

AUTHOR: CELIA FOY CASTILLO

MEMORANDUM OPINION

CASTILLO, Judge.

Appellant Cathy Torres (Plaintiff) appeals from the district court’s order dismissing her complaint for lack of subject matter jurisdiction based on tribal sovereign immunity. The notice proposed to affirm. Appellees Ohkay Casino Resort, Tsay Corporation, and Ron Lovato, CEO (Defendants) filed a timely memorandum in support of proposed affirmance. Plaintiff did not file a memorandum in opposition to our notice.

For reasons set forth in our notice, we affirm.

IT IS SO ORDERED.

CELIA FOY CASTILLO, Judge

WE CONCUR:

MICHAEL D. BUSTAMANTE, Judge

LINDA M. VANZI, Judge