ORDER PARTIALLY GRANTING AND PARTIALLY DENYING MOTION TO DISMISS TERRY R. MEANS, District Judge. The City of Arlington ("the City") has filed a motion (doc. #210) asking the court to dismiss 1 this case and enter a take-nothing judgment in its favor on the ground of judicial estoppel. Former plaintiff Kim Lubke sued the City for violations of the Family Medical Leave Act ("FMLA"). He won a judgment in excess of one million dollars. The City appealed and, during the appeal, Lubke filed for...
MEMORANDUM OF DECISION TERRY R. MEANS, District Judge. The United States Court of Appeals for the Fifth Circuit remanded this case to this Court for a redetermination of damages. After a nonjury trial on damages, the Court enters the following findings of fact and conclusions of law. See Fed. R.Civ.P. 52(a). I. BACKGROUND Former plaintiff Kim Lubke began working for defendant City of Arlington's Fire Department in 1978. Lubke participated in Arlington's pension plan through the Texas...
MEMORANDUM OPINION AND ORDER SAM A. LINDSAY, District Judge. Before the court are: (1) Defendant Asia Telecom's Motion and Notice of Motion to Dismiss for Lack of Personal Jurisdiction, filed March 24, 2008; (2) Motion to Dismiss for Lack of Personal Jurisdiction and for Failure to State a Claim Upon Which Relief May Be Granted by Defendants Hawaii Global Exchange, Inc. and Transpac Telecom, Inc., filed March 26, 2008; (3) Defendant Zuber Patel's Motion to Dismiss, filed April 1, 2008; and (...
ORDER SAM A. LINDSAY , District Judge . Before the court is Plaintiff TracFone Wireless, Inc.'s Motion for Entry of Default Final Judgment and Permanent Injunction Against Defendant Vicki S. Brooks, filed March 6, 2008. Plaintiffs seek default judgment and the entry of a permanent injunction against Defendant Vicki S. Brooks a/k/a Vicki Brooks Al Khatib a/k/a Vicki Alkhatib a/k/a Vicki S. Fraga, individually, and d/b/a BrooksCom ("Defendant" or "Brooks"). After carefully considering...
