MEMORANDUM AND ORDER MARCIA A. CRONE, District Judge. Pending before the court is Plaintiff Michael Tilley's ("Tilley") Motion for Remand (# 8). Tilley argues that the court lacks subject matter jurisdiction of this action because Defendants Cash Money Records, Inc. ("Cash Money Records") and Universal Music Group, Inc. ("Universal Music") did not obtain consent from all properly joined and served defendants and Tilley's original petition does not present a question arising under federal law....
MEMORANDUM OPINION AND ORDER WILLIAM C. BRYSON, District Judge. Before the Court are five post-trial motions filed by the plaintiffs and one filed by the defendants: (1) Versata's Motion to Alter or Amend Final Judgment Under Rule 59(e) (Dkt. No. 349); (2) Versata's Motion for Judgment as a Matter of Law on Invalidity and Infringement (Dkt. No. 350); (3) Versata's Motion for Judgment as a Matter of Law, or in the Alternative, New Trial on Autodata's Breach of Contract Claim Due to Lack of...
MEMORANDUM OPINION AND ORDER WILLIAM C. BRYSON, Circuit Judge. Before the Court is the plaintiffs' motion for reconsideration of orders granting the defendant's motions for summary judgment of noninfringement based on the "specialty component" and "formulation" limitations of the patent in suit (Dkt. No. 368). The Court DENIES the motion. I. Background In the underlying lawsuit, plaintiffs eTool Development, Inc., and eTool Patent Holdings Corp. (collectively, "eTool") allege that National...
MEMORANDUM OPINION AND ORDER LEONARD DAVIS, District Judge. Before the Court are the following thirteen motions to dismiss for improper joinder or sever: • TomTom's Motion to Dismiss for Improper Joinder (Docket No. 39); • Garmin International, Inc.'s and Garmin USA, Inc.'s Motion to Dismiss or, Alternatively, for Severance Due to Misjoinder (Docket No. 47); • Daimler North America Corporation and Mercedes-Benz USA LLC's Motion to Dismiss for Improper Joinder, or in the Alternative,...
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE JOHN D. LOVE, Magistrate Judge. The Plaintiff Marion Warren, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. 1983 complaining of alleged deprivations of his constitutional rights. The lawsuit was originally referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. 636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE DON D. BUSH, Judge. Petitioner Timothy Lopez Ruffins, an inmate confined in the Texas prison system, filed this pro se petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. The petition was referred for findings of fact, conclusions of law and recommendations for the disposition of the case. Background Petitioner is challenging his Collin County conviction for aggravated sexual assault of a child, Cause Number 296-...
MEMORANDUM OPINION & ORDER RODNEY GILSTRAP, Judge. I. INTRODUCTION Before the Court is Defendant Galaxy Internet Group, LLC's ("Galaxy") Motion to Dismiss Pursuant to Rule 12(b)(6) (Dkt. No. 8). After carefully considering the parties' written submissions, the Court GRANTS-IN-PART and DENIES-IN-PART the Motion. II. FACTUAL AND PROCEDURAL BACKGROUND On September 15, 2011, InMotion Imagery Technologies ("InMotion") filed this lawsuit accusing thirteen defendants of infringing U.S....
CLAIM CONSTRUCTION MEMORANDUM AND ORDER MARCIA CRONE, Judge. On May 30, 2012, the Court held a hearing to determine the proper construction of the disputed claim terms in U.S. Patent Nos. 6,384,850 and 6,871,325. After considering the arguments made by the parties at the hearing and in the parties' claim construction briefing (Dkt. Nos. 155, 157, 158 and 160), the Court issues this Claim Construction Memorandum and Order. APPLICABLE LAW "It is a `bedrock principle' of patent law that `the...
MEMORANDUM OPINION AND ORDER WILLIAM C. BRYSON, Circuit Judge. Before the Court are the parties' motions to exclude the testimony of certain experts under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). After reviewing the parties' submissions and hearing argument from counsel on July 26, 2012, the Court disposes of the pending motions as follows: (1) Plaintiff's Motion to Exclude Opinions of TD Ameritrade's Invalidity Expert on the...
MEMORANDUM OPINION AND ORDER WILLIAM C. BRYSON, Circuit Judge. Before the Court are the motions of TQP Development, LLC, to Exclude Opinions of Defendants' Damages Expert on Non-Infringing Alternatives and for Partial Summary Judgment on the Issue of Non-Infringing Alternatives (Dkt. No. 528). After reviewing the parties' submissions and hearing argument from counsel on July 26, 2012, the Court DENIES TQP's motions. I. Background TQP sued TD Ameritrade Holding Corp. and TD Ameritrade, Inc.,...
MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARCIA A. CRONE, Judge. Plaintiff Raymond Lee Norcutt, Jr., a federal prisoner, brought the above-styled action against the United States of America and prison officials. The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends plaintiff's motion to dismiss...
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARCIA A. CRONE, Judge. Petitioner Avery Metrejean, an inmate confined at the Federal Correctional Institution in Beaumont, Texas, proceeding pro se, filed this petition for writ of habeas corpus. The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, for consideration pursuant to applicable laws and orders of this court. The respondent has filed a...
MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARCIA A. CRONE, Judge. Petitioner, Vicky Celestine, an inmate confined at the Crain Unit of the Texas Department of Criminal Justice, Correctional Institution Division, proceeding pro se and in forma pauperis, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. The Court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for...
MEMORANDUM OPINION AND ORDER LEONARD DAVIS, District Judge. This Memorandum Opinion construes the disputed claim terms in U.S. Patent No. 7,441,196 ("the `196 Patent"). Further, it addresses Defendants' Motion for Summary Judgment (6:11-cv-488 Docket No. 183), which is DENIED. BACKGROUND On October 8, 2010, EMG Technology, LLC ("EMG") filed suit against Dr. Pepper Snapple Group, Inc.; Time, Inc.; McDonald's Corporation; Wal-Mart Stores, Inc.; U.S. Bancorp; Aflac Incorporated; Domino's...
MEMORANDUM ORDER The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. 636. The Report of the Magistrate Judge which contains her proposed findings of fact and recommendations for the disposition of such action has been presented for consideration. Plaintiff filed objections to the Report and Recommendation. The Court conducted a de novo review of the Magistrate Judge's findings and conclusions....
MEMORANDUM AND ORDER MARCIA A. CRONE, Judge. Pending before the court is Defendant Wal-Mart Stores Texas, LLC's ("Wal-Mart") Motion for Summary Judgment, wherein Wal-Mart seeks judgment as a matter of law on Plaintiff Mindy Robbins's ("Robbins") negligence claim. Robbins opposes Wal-Mart's motion, asserting that outstanding issues of material fact make summary judgment inappropriate. Having reviewed the pending motion, the submissions of the parties, the pleadings, and the applicable law, the...
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE RON CLARK, Judge. On May 17, 2011, this case was referred for all pretrial matters to the Honorable United States Magistrate Judge Earl S. Hines. On August 9, 2011, the case was reassigned to United States Magistrate Judge Zack Hawthorn. Pending is Defendant Wal-Mart Stores Inc.'s "Motion for Summary Judgment" (Docket No. 39). The Plaintiff filed a Response to the motion but did not raise a genuine dispute of material...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE CAROLINE CRAVEN, Magistrate Judge. On August 1, 2012, the Court held a hearing on the Government's Petition to Revoke Supervised Release. The Government was represented by Assistant United States Attorney Jim Middleton. Defendant was represented by Jeff Harrelson. Edward Haskin Young ("Defendant") was sentenced on July 31, 2003, before The Honorable David Folsom of the Eastern District of Texas after pleading guilty of the...
ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE LEONARD DAVIS, District Judge. The above-styled matter was referred to the Honorable Judith K. Guthrie, United States Magistrate Judge, for administration of a guilty plea under Rule 11 of the Federal Rules of Criminal Procedure. Judge Guthrie conducted a hearing in the form and manner prescribed by Federal Rule of Criminal Procedure 11 and issued her Report and Recommendation (document #10 ) on July 11, 2012....
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JUDITH K. GUTHRIE, Magistrate Judge. This Report and Recommendation is submitted to the Court pursuant to 28 U.S.C. 636(b)(3) . This case has been referred by the Honorable Leonard Davis to the undersigned Magistrate Judge for the taking of a felony guilty plea. The parties have consented to the administration of guilty plea and Fed.R.Crim.P. 11 allocution by a United States Magistrate Judge. On July 11, 2012, Defendant and...
