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, Rosemary Ginko, was sanctioned by the district court for discovery abuses, including conduct characterized as willful, intentional, and deceptive. This led to the dismissal of all her claims with prejudice against the Defendant, Brad Cucchetti, D.O., among others associated with Albuquerque Health Partners and Lovelace Health System, Inc. (para 1).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Plaintiff: The details of the Plaintiff's submissions are not provided in the decision.
• Defendants/Appellee: The details of the Defendants/Appellee's submissions are not provided in the decision.

Legal Issues

• (N/A)

Disposition

• The Court of Appeals dismissed the Plaintiff's appeal due to the lack of a final order, as the district court had not yet ruled on an outstanding motion that could potentially alter, amend, or moot the order being challenged (para 1).

Reasons

• The Court of Appeals, comprising Judge Linda M. Vanzi, Chief Judge Roderick T. Kennedy, and Judge Jonathan B. Sutin, decided to dismiss the appeal for lack of a final order. This decision was based on the Plaintiff's failure to secure a final judgment from the district court regarding an outstanding motion, which was viewed as tantamount to an outstanding motion to reconsider. The district court had acknowledged the filing of the Plaintiff's pro se affidavit and prohibited her from filing any more pro se pleadings until further notice. It also indicated that a notice of hearing would be sent to address, among other matters, the motion for ruling on outstanding matters. The appellate court noted that because these matters remained undecided, the order lacked finality, which precluded the appeal from proceeding (paras 1-3).