MEMORANDUM ORDER CONDITIONALLY GRANTING DEFENDANTS' MOTION FOR TRANSFER OF VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA RON CLARK, United States District Judge Plaintiff Affinity Labs of Texas, LLC filed suit against Defendants Samsung, LG, and HTC, and U.S. subsidiaries of each of them, claiming that Defendants' phones, tablets, and other electronic devices infringed five of Affinity's patents related to the delivery of electronic content, principally music. All of the Defendants move to...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS AND DENYING PLAINTIFF'S CROSS-MOTION FOR JUDGMENT ON THE PLEADINGS RICHARD A. SCHELL, UNITED STATES DISTRICT JUDGE. Pending before the court are Defendants' Motion for Judgment on the Pleadings (Dkt.8), Plaintiff's Response to Defendant's Motion for Judgment on the Pleadings (Dkt.12), Plaintiff's Cross-Motion for Judgment on the Pleadings (Dkt. 13), Defendants' Response to Plaintiff's Cross-Motion for...
MEMORANDUM OPINION AND ORDER RODNEY GILSTRAP, UNITED STATES DISTRICT JUDGE Before the Court is Appellant Larry G. McClendon's ("McClendon") appeal from a final judgment of the United States Bankruptcy Court for the Eastern District of Texas, Sherman Division, entered against McClendon and in favor of Appellee Bobby Springfield ("Springfield"). See Springfield v. McClendon, 2013 WL 1197793, Adversary No. 11-4152 (Bankr.E.D.Tex. Mar. 21, 2013), Dkt. No. 28. The Court heard argument on the...
ORDER RODNEY GILSTRAP, District Judge. Before the Court is Defendant Weatherford International Inc.'s Motion to Dismiss Under Rule 12(b)(6) for Failure to State a Claim Upon Which Relief Can be Granted (Dkt. No. 13, filed December 24, 2012). The Magistrate Judge filed a report recommending that the motion be denied. (Report and Recommendation, Dkt. No. 56, filed September 23, 2013). No objections having been filed and for the reasons set forth in the Court's Report and Recommendation, the...
MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARCIA A. CRONE, District Judge. Petitioner Jason Givens, an inmate at the Federal Correctional Complex in Beaumont, Texas, proceeding pro se, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. 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...
MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARCIA A. CRONE, District Judge. The court referred a petition alleging violations of supervised release conditions to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Court has received and considered the Report of the United States Magistrate Judge filed pursuant to such order, along with the record, pleadings...
REPORT AND RECOMMENDATION ON PETITION FOR WARRANT FOR OFFENDER UNDER SUPERVISION ZACK HAWTHORN, Magistrate Judge. Pending is a "Petition for Warrant or Summons for Offender Under Supervision" filed July 30, 2013, alleging that the Defendant, Chet Joseph Landry, violated his conditions of supervised release. This matter is referred to the undersigned United States magistrate judge for review, hearing, and submission of a report with recommended findings of fact and conclusions of law. See...
MEMORANDUM OPINION AND ORDER KEITH F. GIBLIN, Magistrate Judge. Plaintiff Reagan James Caldwell, a prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. 1983, alleging defendant Kyle Herrington used excessive force against him, in violation of the Eighth Amendment to the United States Constitution. The plaintiff alleged the defendant sprayed him with chemical agents without provocation, causing him to have impaired vision. Following a jury trial, at which...
ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE MICHAEL H. SCHNEIDER, District Judge. The above-styled matter was referred to the Honorable K. Nicole Mitchell, United States Magistrate Judge, for administration of a guilty plea under Rule 11 of the Federal Rules of Criminal Procedure. Judge Mitchell conducted a hearing in the form and manner prescribed by Federal Rule of Criminal Procedure 11 and issued her Report and Recommendation. Judge Mitchell...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE K. NICOLE MITCHELL, 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 Michael H. Schneider 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 September 5, 2013,...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE K. NICOLE MITCHELL, 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 Michael H. Schneider 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 September 5, 2013,...
ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE MICHAEL H. SCHNEIDER, District Judge. The above-styled matter was referred to the Honorable K. Nicole Mitchell, United States Magistrate Judge, for administration of a guilty plea under Rule 11 of the Federal Rules of Criminal Procedure. Judge Mitchell conducted a hearing in the form and manner prescribed by Federal Rule of Criminal Procedure 11 and issued her Report and Recommendation. Judge Mitchell...
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE LEONARD DAVIS, District Judge. The above entitled and numbered civil action was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. 636. The Report and Recommendation of the Magistrate Judge ("R&R") has been presented for consideration (Doc. No. 665). The Magistrate Judge recommends granting Advanced Micro Devices, Inc.'s ("AMD") Motion to Dismiss Volkswagen Group of America, Inc.'s ("...
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE LEONARD DAVIS, District Judge. The above entitled and numbered civil action was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. 636. The Report and Recommendation of the Magistrate Judge has been presented for consideration (Doc. No. 366). The Magistrate Judge recommends denying Defendants' 1 Motion for Summary Judgment of Invalidity for Indefiniteness (Doc. No. 340). No objections...
ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE MICHAEL H. SCHNEIDER, District Judge. 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. No objections to the Report and Recommendation were...
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RICHARD A. SCHELL, District Judge. Came on for consideration the above-referenced criminal action, this court having heretofore referred the request for the revocation of Defendant's supervised release to the United States Magistrate Judge for proper consideration. Having received the report of the United States Magistrate Judge pursuant to its order, and the Defendant having appeared before the undersigned...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE RICHARD A. SCHELL, District Judge. Pending before the Court is the request for revocation of Defendant's supervised release. After the District Court referred the matter to this Court for a report and recommendation, the Court conducted a hearing on June 4, 2013, and June 12, 2013, to determine whether Defendant violated his supervised release. On July 2, 2010, Defendant was sentenced by the Honorable Stephen N. Limbaugh, Jr. for...
MEMORANDUM OPINION AND ORDER RICHARD A. SCHELL, District Judge. Petitioner Joseph Francis Weaver, a Texas prison inmate confined at the McConnell Unit in Beeville, Texas, proceeding pro se, filed a motion for reconsideration (docket entry #45) in this case. To succeed on a motion for reconsideration pursuant to Rule 59 of the Federal Rules of Civil Procedure, a party must "clearly establish either a manifest error of law or fact or must present newly discovered evidence." Ross v. Marshall,...
MEMORANDUM OPINION AND ORDER LEONARD DAVIS, District Judge. This Memorandum Opinion construes the disputed claim terms in U.S. Patent Nos. 5,978,791 ("the `791 Patent), 6,415,280 ("the `280 Patent), 6,928,442 ("the `442 Patent), 7,802,310 ("the `310 Patent), 7,945,539 ("the `539 Patent), 7,945,544 ("the `544 Patent), 7,949,662 ("the `662 Patent), 8,001,096 ("the `096 Patent), and 8,099,420 ("the `420 Patent). Autonomy and Hewlett-Packard's Motion for Summary Judgment of Indefiniteness (6:11-...
MEMORANDUM OPINION AND ORDER LEONARD DAVIS, District Judge. This Memorandum Opinion construes the disputed claim terms in U.S. Patent Nos. 5,978,791 ("the `791 Patent), 6,415,280 ("the `280 Patent), 6,928,442 ("the `442 Patent), 7,802,310 ("the `310 Patent), 7,945,539 ("the `539 Patent), 7,945,544 ("the `544 Patent), 7,949,662 ("the `662 Patent), 8,001,096 ("the `096 Patent), and 8,099,420 ("the `420 Patent). Autonomy and Hewlett-Packard's Motion for Summary Judgment of Indefiniteness (6:11-...
