Eze et al v. Lunsford et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
PAULETTE EZE and PAMELA EZE SYLVESTRE,
as personal representatives of the ESTATE OF PRESLEY EZE;
ISAAC and LORETTA EZE, parents of PRESLEY EZE;
PETE “OBI” EZE, brother of PRESLEY EZE;
ELENA EZE, spouse of PRESLEY EZE; and
VINCENT J. WARD, as Guardian Ad Litem, of I.E.,
a minor child of decedent PRESLEY EZE,
Plaintiffs,
v. 	No. 2:23-cv-976-KWR-KRS
THE CITY OF LAS CRUCES; and
BRAD JUSTIN LUNSFORD,
in his individual capacity,
Defendants.
ORDER DENYING [237] PLAINTIFFS’ MOTION FOR LEAVE TO FILE MOTION TO
COMPEL DEPOSITION OF LCPD SERGEANT PATRICK DOYLE
Currently before the Court is Plaintiffs’ Motion for Leave To File Motion to Compel
Deposition of LCPD Sergeant Patrick Doyle (Motion), filed April 22, 2026. (Doc. 237).
Defendants filed a response on April 27, 2026 (Doc. 243), and Plaintiffs filed a reply on May 15,
2026 (Doc. 249).
Although the Motion is styled as a motion seeking “leave to file,” Defendants do not oppose
the filing of a motion to compel, but only the discovery at issue in the Motion. Accordingly, the
request in the Motion for leave to file a motion to compel is granted, and the Court will proceed
directly to rule on the question of whether to compel the discovery sought by the Motion, which
both parties addressed in the briefing on the Motion. The Court held a hearing on that issue on
May 26, 2026, at which time it announced its ruling. See (Doc. 257 (Clerk’s Minutes)). For the
reasons stated at the hearing, the Motion is DENIED.
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IT IS SO ORDERED this 28th day of May, 2026.
__________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE
Case 2:23-cv-00976-KWR-KRS Document 260 Filed 05/28/26 Page 2 of 2