FINDINGS OF FACT AND RECOMMENDATION ON PLEA OF TRUE BEFORE THE UNITED STATES MAGISTRATE JUDGE KEITH F. GIBLIN , Magistrate Judge . Pursuant to 28 U.S.C. 636(b) and the Local Rules for the District Court, Eastern District of Texas, the District Court referred this matter for hearing and the submission of findings of fact and a report and recommendation pursuant to 18 U.S.C. 3401(i) and 3583(e). The United States alleges that the defendant, Lambert Ray Myers, Jr., violated conditions...
MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARCIA A. CRONE , District Judge . Petitioner David L. Shaw, a prisoner confined at the Michael Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration...
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RON CLARK , District Judge . Plaintiff Brandon Gullatte, a prisoner currently confined at the Allred Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, filed this civil rights action pursuant to 42 U.S.C. 1983 against Juan Torres. The Court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable...
MEMORANDUM OPINION AND ORDER KIMBERLY C. PRIEST JOHNSON , Magistrate Judge . On December 12, 2019, the Court was notified of multiple discovery disputes between the parties. Pursuant to the Court's December 13, 2019, Order (Dkt. 32), Plaintiffs Robert A. Horne, Eric Richards, and Victor Carrell (collectively, "Plaintiffs") submitted a letter brief regarding their discovery disputes (Dkt. 34), to which Defendant Texas Department of Transportation ("TxDOT") filed a response (Dkt. 36). TxDOT...
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AMOS L. MAZZANT , District Judge . Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. 636. On December 3, 2019, the report of the Magistrate Judge (Dkt. #38) was entered containing proposed findings of fact and recommendations that Defendant Carrington Mortgage Services, LLC's...
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AMOS L. MAZZANT , District Judge . Plaintiff Kenneth Spence is a pretrial detainee confined in the Collin County Detention Facility, awaiting trial on charges of impersonating a public servant, forgery of a financial document, and tampering with government records with intent to defraud. Mr. Spence, proceeding pro se and in forma pauperis, brought this civil rights lawsuit pursuant to 42 U.S.C. 1983. The...
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AMOS L. MAZZANT , District Judge . Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. 636. On November 4, 2019, the Magistrate Judge held a hearing (the "Hearing") on Defendant's Motion for Summary Judgment (Dkt. #15). On November 25, 2019, the Magistrate Judge entered proposed...
MEMORANDUM OPINION AND ORDER ZACK HAWTHORN , Magistrate Judge . Plaintiff, Michael Duque, an inmate represented by counsel, Reginald McKamie, filed the above-referenced civil rights action pursuant to 42 U.S.C 1983 against defendants Management and Training Corporation ("MTC") and Warden David Driskell. The parties have submitted an Agreed Motion to Dismiss With Prejudice (docket entry no. 57). The parties state all matters in controversy with defendants have been resolved. Federal...
MEMORANDUM OPINION AND ORDER AMOS L. MAZZANT , District Judge . Pending before the Court is Plaintiff's Motion for Conditional Certification of Collective Action and for Notice to Putative Class Members (Dkt. #41). After consideration, the Court finds that the Motion should be GRANTED in part. BACKGROUND I. Factual Summary Plaintiff Oscar De La Rosa is a former employee of Defendant J&GK Properties, LLC, D/B/A CKJ Transport of South Texas, LLC. Defendant is a Texas-based trucking...
MEMORANDUM OPINION AND ORDER AMOS L. MAZZANT , District Judge . Pending before the Court is Brett Lochridge's Motion to Quash or, in the Alternative, Modify Subpoena (Dkt. #71). Having considered the Motion and the relevant pleadings, the Court finds that the Motion is GRANTED in part and DENIED in part. BACKGROUND Plaintiff Park Board Ltd. ("Park Board") purchased an insurance policy (the "Policy") from Defendant State Automobile Mutual Insurance Company ("State Auto") in January...
MEMORANDUM OPINION AND ORDER AMOS L. MAZZANT , District Judge . Pending before the Court is Defendants' Request for Reimbursement of Costs (Dkt. #47) and Plaintiff's Request for Reimbursement of Costs (Dkt. #48). Having considered the Motions and the relevant pleadings, the Court finds that each Motion is DENIED. BACKGROUND Plaintiff Park Board Ltd. ("Park Board") purchased an insurance policy (the "Policy") from State Automobile Mutual Insurance Company ("State Auto") in January 2017...
MEMORANDUM OPINION AND ORDER AMOS L. MAZZANT , UNITED STATES DISTRICT JUDGE . Pending before the Court are Defendants John Roach, Sr. and Christopher Milner's ("CCDAO Defendants") First Amended Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (Dkt. #59), Defendant Collin County, Texas' ("the County") First Amended Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (Dkt. #60), and Defendants Abbott and White's ("AG Defendants") Motion to Dismiss Putative Second Amended Complaint (...
MEMORANDUM OPINION AND ORDER AMOS L. MAZZANT , District Judge . The Court, having reviewed Plaintiff Chester McKenna's Motion for Attorney's Fees under the Equal Access to Justice Act (Dkt. #21) and the Commissioner's Response (Dkt. #23) wherein the Commissioner does not object to the requested fee and costs, finds that Plaintiff's Motion is well taken and should be granted. Accordingly, It is therefore ORDERED that Plaintiff's Motion (Dkt. #21) is GRANTED, and the Commissioner is...
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AMOS L. MAZZANT , District Judge . Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. 636. On November 18, 2019, the Magistrate Judge entered proposed findings of fact and recommendations (Dkt. #34) that Defendant be committed to the custody of the Bureau of Prisons to be...
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AMOS L. MAZZANT , District Judge . Came on for consideration the above-referenced criminal action, the Court having heretofore referred the request for the revocation of Defendant's supervised release to the United States Magistrate Judge for proper consideration. The Court has received the Report and Recommendation of the United States Magistrate Judge pursuant to its order. Defendant having waived allocution...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOHN D. LOVE , Magistrate Judge . On December 16, 2019, the Court conducted a hearing to consider the government's petition to revoke the supervised release of Defendant Patrick Orlando Allen. The government was represented by Allen Hurst, Assistant United States Attorney for the Eastern District of Texas, and Defendant was represented by Jason Cassel. Defendant originally pled guilty to the offense of Possession of a Firearm in...
MEMORANDUM ORDER ROY S. PAYNE , Magistrate Judge . Plaintiff United Services Automobile Association filed a Daubert Motion to Strike Portions of the Expert Report of Christopher Gerardi, which is now before the Court. (Dkt. No. 79). 1 USAA seeks to strike portions of the expert report of Defendant Wells Fargo Bank, N.A.'s damages expert, Christopher Gerardi, regarding a several issues. I. ANALYSIS a. USAA's efforts to license the asserted patents USAA first asks the Court to strike...
MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION MARCIA A. CRONE , District Judge . The Court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge. In accordance with 18 U.S.C. 3401(i) and 18 U.S.C. 3583(e), Judge Giblin held a hearing and submitted findings of fact and a recommendation on the defendant's plea of true. The defendant consented to the revocation of his supervised release and waived his right to be present and allocute at sentencing....
ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RON CLARK , District Judge . Petitioner Keith Andre Wilson, a prisoner confined within the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed the above-styled petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. The court previously referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for...
ORDER J. CAMPBELL BARKER , District Judge . On August 5, 2019, plaintiff Tamala Crawley filed this civil action pursuant to the Social Security Act, 42 U.S.C. 205(g), for judicial review of the Commissioner's denial of plaintiff's application for social security benefits. Doc. 1. The case was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. 636. Doc. 2. On November 9, 2019, Judge Love entered an order addressing plaintiff's apparent failure to serve...
