STATE OF NEW MEXICO COUNTY OF SANTA FE FIRST JUDICIAL DISTRICT

FILED IN MY OFFICE DISTRICT COURT CLERK 10/6/2012 12:34:47 PM STEPHEN T. PACHECO C.D.

ARTHUR FIRSTENBERG, Plaintiff, v. RAPHAELA MONRIBOT and ROBIN LEITH, Defendants. ORDER GRANTING SUMMARY JUDGMENT THIS MATTER having come before the Court on Defendants Amended Motion to Exclude Opinion Testimony of Plaintiffs Experts Erica Elliot, M.D. and Raymond Singer, Ph.D., Defendants Amended Motion for Summary Judgment, both filed on June 5, 2012, and Plaintiffs Motion to Exclude the Testimony of Dr. Herman Staudenmayer, filed on June 1, 2012, and such motions having come before the Court for a Daubert/Alberico evidentiary hearing on July 17, 19 and 20, 2012, the Court having reviewed all responses, replies and written submittals and having heard evidence and arguments from counsel, and being otherwise fully advised in the premises, FINDS that Defendants Amended Motion to Exclude Opinion Testimony of Plaintiffs Experts Erica Elliot, M.D. and Raymond Singer, Ph.D. and Defendants Amended Motion for Summary Judgment are well-taken. IT IS THEREFORE ORDERED that Defendants Raphaela Monribot and Robin Leith are granted Summary Judgment against Plaintiff Arthur Firstenberg on all allegations, counts and causes of action asserted against Defendants in Plaintiffs Third Amended Complaint for Nuisance and Prima Facie Tort. 1 No. D-101-CV-2010-00029

IT IS FURTHER ORDERED that Plaintiffs Third Amended Complaint for Nuisance and Prima Facie Tort be and hereby is dismissed with prejudice.

_______________________________________ THE HONORABLE SARAH M. SINGLETON

SUBMITTED BY: THE GRAESER LAW FIRM, LLC

By: /s/ Joseph L. Romero for Christopher L. Graeser Attorney for Defendant Raphaela Monribot P.O. Box 220 Santa Fe, NM 87504-0220 (505) 424-8175 chris@chrisgraeser.com JOSEPH L. ROMERO TRIAL LAWYER LLC

By: : /s/ Joseph L. Romero Joseph L. Romero Attorney for Defendant Raphaela Monribot P.O. Box 4432 Santa Fe, NM 87502 (505) 466-0279 jlr.trial.lawyer@gmail.com

APPROVED: STIFF, KEITH & GARCIA LLC

By:__By email 09/24/2012____________________ Ann L. Keith Attorney for Defendant Robin Leith 400 Gold Ave SW Ste. 1300W Albuquerque, NM 87102-3274 (505) 243-5755

akeith@stifflaw.com

APPROVED AS TO FORM ONLY:

By:/s/_______________________________________ Lindsay A. Lovejoy, Jr. Attorney for Plaintiff 3600 Cerrillos Road #1001A Santa Fe, New Mexico 87507 (505) 983-1800 lindsay@lindsaylovejoy.com