Imming v. De La Vega et al

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Case 2:23-cv-00378-GJF-DLM Document 281 Filed 12/03/25 Page 1of4

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO

ASHLEY IMMING, Case No: 2:23-CV-00378-GJF-DLM
Plaintiff,
vs.

OSVALDO DE LA VEGA, MESILLA
CAPITAL INVESTMENTS, LLC,
SOUTHWEST HEALTH SERVICES,
P.A.; AND, MESILLA CAPITAL
INVESTMENTS DE MEXICO, S. DE.
R.L.,

Defendants.

STIPULATED ORDER AUTHORIZING SALE OF
3875 FOOTHILLS ROAD, LAS CRUCES, NM

This matter comes before the Court based on Defendant Osvaldo De La Vega’s
(“Defendant DLV”) Declaration [Doc. #275], filed with the Court on November 6, 2025,
Defendant DLV’s supplemental documents [Doc. #278] filed on November 18, 2025, and the

- Status Conferences held November 4, 2025 and November 18, 2025.

Defendant DLV requests the Court allow Defendant Mesilla Capital Investments, LLC
(“Defendant MCI’) to sell a piece of real estate owned by Defendant MCI, known as 3875
Foothills Road, Las Cruces, New Mexico (the “Property”) to SMBC Leasing and Finance, Inc.
(“SMBC”), as assignee of Bio-Medical Applications of New Mexico, Inc., free and clear of the
Court’s prior orders in the above-captioned action, including, without limitation the Order entered
on September 24, 2025 [Doc. #259] (the “Transfer Restriction Order’’).

Having found that good cause exists to grant Defendant DLV’s request, the Court

ORDERS as follows:

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

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Case 2:23-cv-00378-GJF-DLM Document 281 Filed 12/03/25 Page 2of4

1. Subject to the terms and conditions of this Order, the Court hereby authorizes the
sale of the Property to SMBC free and clear of the Transfer Restriction Order and any interest of
any party to this action.

2, The Court’s approval of the sale of the Property as provided herein is conditioned
upon completion and closing on the sale by no later than December 31, 2025.

3. Upon completion and closing on the sale, Fidelity National Title Insurance
Company, or any other closing agent conducting settlement on the sale of the Property, shall
distribute the Net Sale Proceeds (as defined hereinafter) to the Court’s Registry by certified check
payable to “Clerk of Court, United States District Court, District of New Mexico” within one (1)
business day after the completion and funding of the sale. As used herein, the term “Net Sale
Proceeds” means the gross proceeds from the sale of the Property less the pay-off of the loan to
WestStar Bank; income, costs and charges to be apportioned between buyer and seller under the
applicable purchase and sale agreement for the Property, including real estate taxes, utilities,
collected rents and other collected amounts under the existing lease of the Property; repairs
contractually agreed upon as conditions of the sale; sales commissions; other customary costs
payable by seller and listed on the settlement statement for the sale of the Property signed by the
seller and SMBC; and any buyer credits, including but not limited to transfer taxes and title costs
agreed to be paid by Defendant MCI pursuant to its contract to sell the Property. No other costs
associated with the sale (i.e. capital gains tax, other claimed liens, etc.) shall be deducted from the
proceeds prior to deposit with the Court’s Registry without further order of this Court.

4, Upon SMBC’s written authorization to the closing agent to release funds from

escrow and record the applicable title transfer documents, the Property shall be free and clear of

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Case 2:23-cv-00378-GJF-DLM Document 281 Filed 12/03/25 Page 3of4

this litigation, the Transfer Restriction Order, any prior Court order or ruling restricting transfer of

ownership or title, and any other interest of any party to this action; provided, however, that the

Net Sale Proceeds shall remain subject to the terms and conditions of this Order until the Net Sale
Proceeds have been deposited with the Court’s Registry. Upon SMBC’s written authorization to
the closing agent to release funds from escrow and record the applicable title transfer documents,
no party to this action shall have any cause of action, claim, counterclaim or any other recourse
against the Property, SMBC, or any of SMBC’s agents, assigns, attorneys, directors, employees,
officers or representatives regarding (i) this Order authorizing sale and purchase of the Property
and the subject matter hereof, (ii) any right, title or interest in and to the Property, and (iii) any
other cause of action, claim, counterclaim or other recourse relating to the Property and arising
prior to the Court’s entry of this Order.

5. If the sale does not take place or the buyer indicates it will not complete the sale
before December 31, 2025, Defendant DLV shall file a notice informing the Court.

6. Upon SMBC’s written authorization to the closing agent to release funds from
escrow and record the applicable title transfer documents, the Parties to this action shall be deemed

to have waived any reconciliation or appeal of this Order authorizing sale and purchase of the

Property.
SO ORDERED.
a, —
GREGORY J. FOURATT
UNITED S ES MAGISTRATE JUDGE
Presiding by Consent

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Case 2:23-cv-00378-GJF-DLM Document 281

Prepared & submitted by:

/s/ Ben Furth

Ben Furth

Paul D. Hibner

The Furth Law Firm, P.A.
780 South Walnut, Bldg. 5
Las Cruces, NM 88001
Telephone: 575-522-3996
Fax: 575-522-5815

Steven S. Scholl
sscholl@dsc-law.com
DixoneScholleCarrilloeP.A.
6700 Jefferson N.E.
Building B Suite 1
Albuquerque, NM 87109
Telephone: 505-244-3890
Facsimile: 505-244-3889

Attorneys for Plaintiff

FEC

iF
" Joseph Cervantes
Cervantes Law Firm, P.C.
901 E. University Ave., Suite 965 L
Las Cruces, NM 88001
(575) 526-5600;
joe@cervanteslawnm.com

Attorneys for Defendants

Filed 12/03/25

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