Stewart-Brunelle v. Wal-Mart ( 2011 )

1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please
2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions.
3 Please also note that this electronic memorandum opinion may contain computer-generated
4 errors or other deviations from the official paper version filed by the Court of Appeals and does
5 not include the filing date.
6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
7 LAUREN STEWART-BRUNELLE,
8 Plaintiff-Appellant,
9 v. NO. 31,084
10 WAL-MART STORES, INC., a
11 foreign company doing business in
12 the State of New Mexico, and
13 OUDALOM SOUMPHOLPHAKDY,
14 Pharm. D. RPH,
15 Defendants-Appellees.
16 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
17 Carl J. Butkus, District Judge
18 Roger Eaton
19 Albuquerque, NM
20 for Appellant
21 Modrall, Sperling, Roehl, Harris & Sisk, P.A.
22 Alex C. Walker
23 Tiffany L. Roach
24 Albuquerque, NM
25 for Appellees
1 MEMORANDUM OPINION
2 VANZI, Judge.
3 Plaintiff appeals an order granting Defendants’ motion for summary judgment
4 on Plaintiff’s claim for negligent infliction of emotional distress. In this Court’s
5 notice of proposed summary disposition, we proposed to affirm. Defendants have
6 filed a memorandum in support. Plaintiff has not filed a memorandum in opposition,
7 and the time to do so has passed. “Failure to file a memorandum in opposition
8 constitutes acceptance of the disposition proposed in the calendar notice.” Frick v.
9 Veazey, 116 N.M. 246, 247, 861 P.2d 287, 288 (Ct. App. 1993). Because no party
10 opposes our proposed summary disposition, we affirm for the reasons provided in our
11 notice.
12 IT IS SO ORDERED.
13 __________________________________
14 LINDA M. VANZI, Judge
15 WE CONCUR:
16 _________________________________
17 CYNTHIA A. FRY, Judge
2
1 _________________________________
2 TIMOTHY L. GARCIA, Judge
3