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ISEYENTH JUDICIAL
DISTRICT COURT

COUNTY OF SIERRA SEVENTH JUDICIAL DISTRICT COURT No.: D-0721-CV-2009-00098 Judge: WILLIAM SANCHEZ

FILED

2010 LlRN 20 PP1 1 36

COURT

CLERK DEPUTY

STATE OF NEW MEXICO, ex. rei. DEBORAH TOOMEY, Individually, Petitioner, vs. CITY OF TRUTH or CONSEQUENCES, a Municipality; LORI MONTGOMERY, Individually, and in her Official Capacity as Mayor; JERRY D. STAGNER, Individually, and in his Official Capacity as Mayor Pro-Tern; FRED TORRES, Individually, and in his Official Capacity of City Commissioner; EVELYN RENFRO, Individually, and in her Official Capacity of City Commissioner; STEVE GREEN, Individually, and in his Official Capacity of City Commissioner; JAIME AGUILERA, Individually, and in his Official Capacity of City Manager; MARY PENNER, Individually, and in her Official Capacity of City Clerk and Custodian of Records; BERNADINE GARCIA, Individually, and in her Official Capacity as Utility Billing Supervisor; DISTRICT ATTORNEY FOR SIERRA COUNTY, Respondents. CITY'S RESPONSE TO PETITIONER'S MOTION FOR JUDGMENT ON THE PLEADINGS

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COMES NOW the City and hereby states that it opposes the Petition r's Motion. As grounds, therefor, the City relies on the arguments made in its ast pleadings including its October 21, 2009 Response to the Petition, its Decem er 28, 2009 Motion to Dismiss, and its January 7, 2010 Reply. documents do not exist, this matter should be dismissed. As the reques ed

JAIME UBIN, Esq. City Attorney Jaime F. Rubin, LLC P.O. Drawer 151 Truth or Consequences, NM 87901 575.894.3031 Fax: 575.894.328 CERTIFICATE OF MAILING The undersigned hereby certifies that a copy of the foregoing CIT RESPONSE TO PETITIONER'S MOTION FOR JUDGMENT ON T PLEADINGS was mailed to Deborah Toomey, Petitioner, at 415 W. Riversi Dr., Truth or Consequences, New Mexico, 87901, on the zof~ day of Janua 2010. 'S E e y,

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