MEMORANDUM OPINION AND ORDER KENNETH M. HOYT , District Judge . Petitioner Darrell Wayne Hardaway, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254, seeking relief from a conviction for manufacture or delivery of a controlled substance that resulted in a sentence of 25 years' imprisonment in the Texas Department of Criminal Justice-Correctional Institutions Division ("TDCJ"). (Dkt. No. 1). Respondent has filed a motion for...
ORDER JEFFREY VINCENT BROWN , District Judge . The plaintiff, Jimmy Hebert, filed this lawsuit in Galveston against the defendants Cudd Pressure Control Inc. d/b/a Energy Personnel International ("EPI") and Marathon Oil Company under the Fair Labor Standards Act to recover alleged unpaid overtime compensation (Dkt. 1). The defendants filed a joint motion to transfer the case to the Houston Division pursuant to 28 U.S.C. 1404(a) (Dkt. 25). The defendants first argue the court should...
MEMORANDUM OPINION AND ORDER GEORGE C. HANKS, JR. , District Judge . Plaintiff Oliver McCann brought this collective action against his employer, defendant American Homes 4 Rent ("American"), for violation of the Fair Labor Standards Act ("FLSA"). He alleges that American unlawfully required him to work a significant number of unpaid overtime hours. Pending before the Court is American's Motion to Dismiss and Compel Arbitration, or in the Alternative, to Stay Proceedings. Dkt. 8. American'...
MEMORANDUM OPINION NANCY K. JOHNSON , Magistrate Judge . Pending before the court 2 are Defendant's Cross-Motion for Summary Judgment (Doc. 18) and Plaintiff's Motion for Summary Judgment (Doc. 22). The court has considered the motions, the responses, the administrative record, and the applicable law. For the reasons set forth below, the court GRANTS Defendant's motion and DENIES Plaintiff's motion. I. Case Background Plaintiff filed this action pursuant to 42 U.S.C. 405(g) and...
MEMORANDUM AND ORDER NANCY F. ATLAS , District Judge . By Memorandum and Order [Doc. # 115] entered January 16, 2019, the Court stayed and administratively closed this patent case pending completion of pending inter partes review ("IPR") proceedings. By Order [Doc. # 120] entered January 23, 2020, the Court denied Plaintiffs' request to lift the stay, which request was set forth in their Status Report [Doc. # 117]. The case is now before the Court on the Motion for Reconsideration [Doc....
OPINION AND ORDER MICAELA ALVAREZ , District Judge . The Court now considers "Plaintiff's Motion for Final Default Judgment." 1 Defendants have not responded and the time for doing so has passed. 2 After considering the motion, record, and relevant authorities, the Court GRANTS Plaintiff's motion. I. BACKGROUND AND PROCEDURAL HISTORY This is an antipiracy claim brought under the Federal Communications Act of 1934. 3 Plaintiff is a broadcast corporation that alleges it had the...
MEMORANDUM AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FRANCES H. STACY , Magistrate Judge . Before the Court 1 in this social security appeal is Plaintiff's Motion for Summary Judgment (Document No. 16) and Defendant's Cross Motion for Summary Judgment (Document No. 14). Having considered the cross motions for summary judgment, each side's response to the other's motion (Document Nos. 17 & 18), the administrative record,...
MEMORANDUM AND ORDER KEITH P. ELLISON , District Judge . Plaintiff NSTI, LLC ("Plaintiff" or "TechConnect") filed a breach of contract suit against Defendant Defense Energy Center of Excellence d/b/a National Security Technology Accelerator ("NSTXL") in Texas state court. Plaintiff later added National Security Technology Accelerator ("NSTXL-2") 1 as a defendant, alleging that NSTXL-2 is the alter ego of NSTXL and is therefore liable for NSTXL's breach. With NSTXL's consent, NSTXL-2 then...
ORDER DENA HANOVICE PALERMO , Magistrate Judge . On February 26, 2020, this Court ordered Defendants to produce by March 3, 2020 everything they provided to their expert, Paul Price, for the formation of his opinion in ECF No. 91-11, which Defendants filed in support of their opposition of Plaintiffs' request for injunctive relief. Order, ECF No. 150. On March 4, 2020, Defendants submitted for in camera review a report they produced to Plaintiffs in redacted form, claiming, inter alia,...
MEMORANDUM OPINION AND ORDER GRAY H. MILLER , Senior District Judge . Pending before the court is a motion to dismiss filed by defendants Kloeber, Narinsingh, Rains, Rabius, Luckstead and Garza (collectively, the "Medical Defendants"). 1 Dkt. 33. After reviewing the motion and applicable law, the court is of the opinion that it should be GRANTED IN PART AND DENIED IN PART. I. BACKGROUND The case involves alleged constitutional violations associated with Tacoma Borden's time as an inmate...
MEMORANDUM AND ORDER KEITH P. ELLISON , District Judge . Before the Court is Defendants' Motion to Compel Arbitration. (Doc. No. 98). After considering the Motion and all applicable law, and because Defendants have sought the benefits of a litigation strategy, the Court determines that Defendants' Motion to Compel Arbitration must be DENIED. I. BACKGROUND This case is a consolidated Fair Labor Standards Act (FLSA) action, brought as a putative collective action, for failure to pay...
MEMORANDUM AND RECOMMENDATION NANCY K. JOHNSON , Magistrate Judge . Pending before the court 1 is Plaintiff's Motion and Notice of Plaintiff's Motion for Final Summary Judgment (Doc. 41). The court has considered the motion, all other relevant filings, and the applicable law. For the reasons set forth below, the court RECOMMENDS that the motion be GRANTED. I. Case Background Plaintiff filed this lawsuit alleging that Defendant Zac Murtha Custom Homes, LLC ("Zac Murtha"), infringed...
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL JULIE K. HAMPTON , Magistrate Judge . Plaintiff, proceeding pro se and in forma pauperis, is an inmate incarcerated at TDCJ-CID's McConnell Unit in Beeville, Texas. Plaintiff's claims in this lawsuit arise in connection with Plaintiff's current housing assignment. Plaintiff alleges that Defendants improperly charged him for indigent mail in violation of his constitutional rights. Plaintiff seeks to be reimbursed...
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION NELVA GONZALES RAMOS , District Judge . On January 27, 2020, United States Magistrate Judge Jason B. Libby issued his "Memorandum and Recommendation" (D.E. 15), recommending that the Court GRANT Respondent's Motion to Dismiss (D.E. 9) as time-barred. The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge's Memorandum and Recommendation. FED. R. CIV. P. 72(b); 28 U.S.C. 636(b)(1); General Order No. 2002-...
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION NELVA GONZALES RAMOS , District Judge . On February 3, 2020, United States Magistrate Judge Jason B. Libby issued his "Memorandum and Recommendation" (D.E. 17), recommending that Respondent's Motion for Summary Judgment (D.E. 13) be granted and that this action be dismissed. The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge's Memorandum and Recommendation. FED. R. CIV. P. 72(b); 28 U.S.C. 636(b)(1);...
ORDER NELVA GONZALES RAMOS , District Judge . Before the Court is Defendants voestalpine Texas Holding LLC and voestalpine Texas LLC's Motion for Extension of Time for Defendants to Respond to Plaintiff's Amended Complaint (D.E. 26). After due consideration, the Court GRANTS the motion and ORDERS Defendants to file their responses to Plaintiff's Amended Complaint on or before March 25, 2020. ORDERED.
MEMORANDUM OPINION & ORDER JOHN D. RAINEY , Senior District Judge . Defendant/Movant Travis Robert Hellman filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255 (D.E. 121). Pending before the Court is the United States of America's (the "Government") Motion to Dismiss (D.E. 135), to which Movant has not responded. I. BACKGROUND From December 2017 through February 2018, an undercover investigation by the Corpus Christ Police Department and the Bureau of...
MEMORANDUM OPINION & ORDER JOHN D. RAINEY , Senior District Judge . Defendant/Movant Shane Sanez filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255 (D.E. 15). Pending before the Court is the United States' (the "Government") Motion to Dismiss (D.E. 20), to which Movant has not responded. I. BACKGROUND On July 18, 1996, the 24th Judicial District Court of DeWitt County, Texas sentenced Movant to five years' imprisonment for delivery of a controlled...
ORDER GRAY H. MILLER , Senior District Judge . Pending before the court is a memorandum and recommendation filed by Magistrate Judge Nancy K. Johnson ("M&R"). Dkt. 98. The M&R recommends denying defendant Michael Watts's ("Watts") motion for summary judgment (Dkt. 50), denying the plaintiff Securities and Exchange Commission's ("SEC") motion for summary judgment (Dkt. 63), denying Watts's motion to strike (Dkt. 86), and overruling Watt's objection to the admissibility of Watt's deposition (...
ORDER LEE H. ROSENTHAL , Chief District Judge . On March 13, 2020, the appellants, Thomas E. Balke, Basic Engineering, and Ultratec LLC, moved to extend the deadline to file their brief until 14 days after the court resolves multiple pending motions, (Docket Entry Nos. 36, 38, 39, 57), and after the record is supplemented, assuming the court grants their motion to supplement the record. The March 13 motion to extend the brief deadline, (Docket Entry No. 55), is denied because, as the...
