ORDER DAVID C. GODBEY, District Judge. This Order addresses Plaintiff Martha Napier's ("Napier") motion to remand [7]. Because Napier's Original Petition affirmatively revealed on its face that the amount in controversy exceeded $75,000, the Court finds untimely Defendants Humana Marketpoint, Inc. and Humana, Inc.'s (collectively "Humana") removal on June 14, 2011—seventy six days after Humana received Napier's Original Petition. Accordingly, the Court grants Napier's motion and remands the...
ORDER GRANTING MOTIONS FOR SUMMARY JUDGMENT TERRY R. MEANS, District Judge. Pending before the Court is the Motion for Summary Judgment filed by defendant Lexington Insurance Company ("Lexington") (doc. 147). Also pending before the Court is a similar motion filed by defendant Continental Casualty Company ("Continental") (doc. 150). After review of the motions, the related briefs, the evidence highlighted therein, and the applicable law, the Court concludes that the motions should be...
ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ROYAL FURGESON, Senior District Judge. BEFORE THE COURT is a Motion for Summary Judgment filed by Plaintiff Paddle Tramps Manufacturing Company ("Paddle Tramps") (Docket No. 48). Defendants in this case, an assortment of fraternity and sorority organizations ("the Greek Organizations"), 1 filed a Response (Docket No. 63), and Paddle Tramps filed a subsequent Reply (Docket No. 70). In a previous Order (Docket No. 75), the Court granted the...
REPORT AND RECOMMENDATION TO DENY PETITION FOR WRIT OF HABEAS CORPUS CLINTON E. AVERITTE, Magistrate Judge. Petitioner RONALD EUGENE PARKER has filed a Petition for a Writ of Habeas Corpus by a Person in State Custody challenging his conviction out of the 251st District Court of Potter County, Texas for the offense of aggravated assault with a deadly weapon. For the reasons set forth below, it is the opinion of the undersigned United States Magistrate Judge that petitioner's federal...
MEMORANDUM OPINION AND ORDER REED O'CONNOR, District Judge. This matter is principally an attorneys' fees dispute on final appeal from Magistrate Judge Ren e Harris Toliver's evidentiary and legal findings. Following entry of a final judgment on November 8, 2010 in Albert G. Hill, III v. Tom Hunt, et al., Cause No. 3:07-CV-2020-O (hereinafter, the "Underlying Litigation"), the Court severed a dispute concerning attorneys' fees that had arisen between Lisa Blue/Baron and Blue, Charla G....
MEMORANDUM OPINION and ORDER JOHN McBRYDE, District Judge. Before the court for decision is the petition of Ronald D. Honig ("Honig"), the attorney for Evelyn D. Rice ("Rice"), the plaintiff in the above-captioned action, to obtain approval of a fee for representing Rice in this action (sometimes referred to as " 406(b) petition"). After having considered such petition, the response thereto of defendant, Michael J. Astrue, Commissioner, Social Security Administration ("Commissioner"), Honig'...
MEMORANDUM OPINION AND ORDER BARBARA M. G. LYNN, District Judge. Before the Court is Defendant Cessna Aircraft Company's Motion for Summary Judgment [Docket Entry # 66]. For the reasons stated below, the Motion is GRANTED in part and DENIED in part. I. BACKGROUND On January 24, 2003, a Cessna C208B model aircraft crashed near San Angelo, Texas, injuring the plane's two occupants, Plaintiffs John David Morris and Steven Joseph Fleck. The plane was owned by Federal Express Corporation ("...
MEMORANDUM OPINION AND ORDER SIDNEY A. FITZWATER, Chief Judge. The question presented is whether there is a conflict of interest between an insurance company and its insured that supersedes the insurance company's contractual right to select counsel to defend the insured in a state-court legal malpractice suit. Concluding that there is no conflict, the court upholds the insurance company's contractual right to select the insured's counsel. I This is a diversity action brought by plaintiff...
MEMORANDUM OPINION AND ORDER A. JOE FISH, Senior District Judge. Before the court are the motions filed by the defendants, North Texas Tollway Authority ("NTTA"), Paul Wageman ("Wageman"), Allen Clemson ("Clemson"), Janice Davis ("Davis"), Kiven Williams ("Williams"), Victor Vandergriff ("Vandergriff"), and Clayton Howe ("Howe") (collectively, the "defendants"), to dismiss the amended complaint filed by the plaintiffs, Mirna Reyes ("Reyes"), Emmanuel Lewis ("Lewis"), Jennifer Bunch ("Bunch"),...
MEMORANDUM OPINION AND ORDER SIDNEY A. FITZWATER, Chief Judge. The instant motion to set amount of supersedeas bond presents the question whether this determination is governed by Texas law or by this court's local rule. Concluding that it is controlled by local rule, the court denies the motion. I Following the entry of an amended judgment in favor of plaintiff Equal Employment Opportunity Commission ("EEOC"), defendant Service Temps Inc., d/b/a Smith Personnel Solution ("Smith") moves...
MEMORANDUM OPINION AND ORDER SAM A. LINDSAY, District Judge. Before the court is Plaintiff's Motion for Partial Summary Judgment, filed April 25, 2011; Defendant's Motion for Summary Judgment, filed June 16, 2011; and the parties' Joint Motion to Extend Time of Scheduling Order Deadlines, filed October 24, 2011. After carefully considering the motion, response, briefs, appendices, evidence, record, and applicable law, the court denies Plaintiff's Motion for Partial Summary Judgment;...
MEMORANDUM OPINION AND ORDER REGARDING DEFENDANTS' OBJECTION TO THE COURT'S CHARGE TO THE JURY AS TO LACHES ROYAL FURGESON, Senior District Judge. This is a trademark case. Plaintiff (Thomas Kenneth Abraham "Mr. Abraham") sued Defendants (jointly referred to as the "Greek Organizations") for declaratory and injunctive relief. The Greek Organizations countered with infringement claims. Mr. Abraham raised the defenses of laches and acquiescence and the Greek Organizations countered with the...
ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT TERRY R. MEANS, District Judge. Before the Court is the Motion for Summary Judgment (doc. 21) filed by plaintiffs Stygian Songs, Lormar Music A Corporation, Odnil Music Limited, Fifty-Six Hope Road Music Limited, Val Halen Music, and J. Albert & Son (USA) Inc. After review, the Court will grant the motion. I. Background This is a copyright-infringement case. Defendant Thomas Johnson is the sole proprietor of TJ's Sports Bar ("TJ's") in...
MEMORANDUM OPINION AND ORDER A. JOE FISH, Senior District Judge. Before the court is the motion of the defendants, Verizon Communications Inc. ("Verizon"), Verizon Financial Services LLC ("VFS"), GTE Corporation ("GTE"), and John W. Diercksen ("Diercksen") (collectively, the "defendants"), for partial dismissal of the claims filed by the plaintiff, U.S. National Bank Association ("Bank") (docket entry 14). For the reasons set forth below, the motion is granted in part and denied in part. I....
MEMORANDUM OPINION AND ORDER JANE J. BOYLE, District Judge. Before the Court is Defendant's Motion for Summary Judgment (doc. 20). For the reasons discussed below, the Court GRANTS the Motion for Summary Judgment. I. BACKGROUND Plaintiff Lou Tyler, filed this lawsuit against Citi-Residential Lending, Inc. ("Citi-Residential"), on February 2, 2009 in the 134th Judicial District Court, Dallas County, Texas. Notice of Removal 1. In Plaintiff's Original Petition, Tyler brought claims for...
MEMORANDUM OPINION AND ORDER SAM A. LINDSAY, District Judge. Before the court are Defendants Sally Hand-Bostick and Elizabeth Spinelli's Motion for Summary Judgment, filed March 7, 2011; and the United States' Motion to File Supplemental Authority, filed September 2, 2011. After carefully reviewing the motions, briefs, appendices, response, reply, record, and applicable law, the court grants in part and denies in part Defendants Sally Hand-Bostick and Elizabeth Spinelli's Motion for...
MEMORANDUM OPINION AND ORDER SAM A. LINDSAY, District Judge. Before the court is Defendant's Motion for Summary Judgment, filed August 16, 2010. After carefully reviewing the motion, response, reply, record, and applicable law, the court grants in part and denies in part Defendant's Motion for Summary Judgment. I. Procedural and Factual Background Plaintiff Jerry Chapman ("Chapman" or "Plaintiff") filed this putative class action lawsuit against Defendant Commonwealth Land Title...
MEMORANDUM OPINION AND ORDER JANE J. BOYLE, District Judge. Before the Court are Defendant Professional Service Industries, Inc.'s Motion to Dismiss (doc. 39), filed March 20, 2011, and Plaintiff Spanish/Cypress Fort I, L.P.'s Motion to Partially Strike Defendant's Motion to Dismiss (doc. 42), filed March 25, 2011. Having considered the Motions, the Court hereby DENIES both Defendant's Motion to Dismiss and Plaintiff's Motion to Strike. I. BACKGROUND This is a construction dispute...
MEMORANDUM OPINION DISCIPLINARY AND SANCTIONS REHEARING DAVID HITTNER, Senior District Judge. On July 26, 2011, the undersigned conducted a show-cause hearing in Dallas, Texas, on the above-captioned matter. Having considered the argument, testimony, submissions, and applicable law, the Court enters the following opinion and order. PROCEDURAL HISTORY This disciplinary matter arises out of two cases involving the misappropriation of trade secrets of golf club designs. The complex history...
MEMORANDUM OPINION & ORDER REED O'CONNOR, District Judge. Before the Court are Plaintiff Lighting Ballast Control, LLC's ("LBC") Motion for Judgment (ECF No. 244) filed on July 27, 2011, Defendant Universal Lighting Technologies, Inc.'s ("ULT") Response (ECF No. 249), LBC's Reply (ECF No. 250), ULT's Response and Objection to LBC's Reply (ECF No. 253), and LBC's Response to ULT's Objection (ECF No. 254). Also before the Court are Defendant ULT's Motion for Judgment as a Matter of Law (ECF...
