ORDER DENYING DEFENDANTS' MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(2) ALAN D. ALBRIGHT , District Judge . Before the Court is Defendants Badoo Limited, Badoo Software Limited, Badoo Technologies Limited, and Badoo Trading Ltd.'s ("Defendants") motion to dismiss pursuant to Fed. R. Civ. P. 12(b) which was filed on October 8, 2019. ECF No. 128. Plaintiff Match filed its response on October 16, 2019. ECF No. 130. Defendants filed their reply on October 22, 2019. ECF No. 131. For...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE SUSAN HIGHTOWER , Magistrate Judge . TO: THE HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE The Magistrate Judge submits this Report and Recommendation to the District Court pursuant to 28 U.S.C. 636(b)(3). The District Court referred this case to the United States Magistrate Judge for the taking of the defendant's felony guilty plea and for his allocution pursuant to Federal Rule of Criminal Procedure 11. On March 18,...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE SUSAN HIGHTOWER , Magistrate Judge . TO: THE HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE The Magistrate Judge submits this Report and Recommendation to the District Court pursuant to 28 U.S.C. 636(b)(3). The District Court referred this case to the United States Magistrate Judge for the taking of the defendant's felony guilty plea and for his allocution pursuant to Federal Rule of Criminal Procedure 11. On March 18,...
ORDER DENYING DEFENDANT'S MOTION TO DISMISS ALAN D. ALBRIGHT , District Judge . Before the Court is Defendant Central Freight Lines Inc.'s Motion to Dismiss or Transfer Venue pursuant to Federal Rule of Civil Procedure 12(b)(3), 28 U.S.C. 1406(a), and 28 U.S.C. 1404(a) filed on February 4th, 2020. ECF. No. 9. Based on the reasoning below, the Court DENIES Defendant's Motion. I. Procedural Background Plaintiff filed its complaint on January 13, 2020, alleging breach of contract....
ORDER ELIZABETH S. BETSY CHESTNEY , Magistrate Judge . Before the Court in the above-styled cause of action is Plaintiffs' Motion for Approval of Maximum Fee Award and All Costs and Expenses under the Parties' Supplemental Settlement Agreement [#87]. By their motion, Plaintiffs ask the Court to clarify the amount of attorneys' fees to be paid pursuant to the parties' court-approved settlement agreement and to approve the award of fees and costs as stated in Definition d. of the...
ORDER ANDREW W. AUSTIN , Magistrate Judge . Before the Court is Plaintiff's Motion to Quash and Motion for Protective Order (Dkt. No. 15) and Defendants' Response (Dkt. No. 16). The District Court referred the motion to the undersigned Magistrate Judge for disposition pursuant to 28 U.S.C. 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Court Rules. I. Background This litigation arises from an injury that occurred at the Embassy Suites Hotel,...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE SUSAN HIGHTOWER , Magistrate Judge . TO: THE HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE. The Magistrate Judge submits this Report and Recommendation to the District Court pursuant to 28 U.S.C. 636(b)(3). The District Court referred this case to the United States Magistrate Judge for the taking of the defendant's felony guilty plea and for her allocution pursuant to Federal Rule of Criminal Procedure 11. On March 17,...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE SUSAN HIGHTOWER , Magistrate Judge . TO: THE HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE. The Magistrate Judge submits this Report and Recommendation to the District Court pursuant to 28 U.S.C. 636(b)(3). The District Court referred this case to the United States Magistrate Judge for the taking of the defendant's felony guilty plea and for his allocution pursuant to Federal Rule of Criminal Procedure 11. On March 17,...
ORDER XAVIER RODRIGUEZ , District Judge . On this date, the Court considered Defendants' Motions for Summary Judgment on the threshold issues of whether Plaintiff had an employment relationship with Defendants for purposes of Title VII. Procedural Background Plaintiff Melvin Perry filed this lawsuit on May 3, 2018 against Defendants Pediatric Inpatient Critical Care Services, P.A. ("PICCS") and VHS San Antonio Partners, LLC d/b/a North Central Baptist Hospital, alleging claims under...
FINDINGS OF FACT AND CONCLUSIONS OF LAW RONALD C. GRIFFIN , Magistrate Judge . BEFORE THE COURT is Petitioner Dubiel Alvarez Leon's Amended Verified Petition for Return of Child. (Doc. 11). Petitioner seeks return of his six-year old daughter, E.A.O., under the Hague Convention on the Civil Aspects of International Child Abduction ("Hague Convention"), Oct. 24, 1980, T.I.A.S. No. 11670, S. Treaty Doc, No. 99-11, implemented in the United States through the International Child Abduction...
ORDER REQUIRING TELEPHONIC APPEARANCE ELIZABETH S. ("BETSY") CHESTNEY , Magistrate Judge . Before the Court is the above-styled and numbered cause of action, in which there is a hearing set for 1:30 p.m. on April 7, 2020. Due to concerns over the spread of COVID-19, the Court will require all court settings to be conducted telephonically for the next 45 days. IT IS THEREFORE ORDERED that counsel must appear by phone for the scheduled hearing. Counsel should contact Valeria Sandoval,...
ORDER ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT XAVIER RODRIGUEZ , District Judge . On this date, the Court considered Defendant AXIS Surplus Insurance Company's ("Defendant") motion for partial summary judgment (docket no. 16), Plaintiff Ironwood Building II and Principle Auto Managements' (collectively "Plaintiffs") response (docket no. 20), and Defendant's reply (docket no. 22). The Court further considered Plaintiffs' motion for partial summary judgment (docket no. 21), Defendant's...
ORDER CONTINUING HEARING ELIZABETH S. BETSY CHESTNEY , Magistrate Judge . Before the Court is the above-styled cause of action, which is set for an evidentiary hearing at 10:00 a.m. on April 8, 2020. Due to concerns over the spread of COVID-19, the Court will continue this hearing until a later date. IT IS THEREFORE ORDERED that the evidentiary hearing set for 10:00 a.m. on April 8, 2020 is CANCELED. IT IS FURTHER ORDERED that Christopher Alexander Reilly's pro se Motion to Vacate,...
MEMORANDUM OPINION AND ORDER KATHLEEN CARDONE , District Judge . Plaintiff Bilal Muhammad, a pretrial detainee at the El Paso County Jail Annex (EPCJA) in El Paso County, Texas, brings a civil rights complaint pursuant to 42 U.S.C. 1983. Pl.'s Compl., ECF No. 1-4, pp. 1-ECF No. 1-9, p. 24. He asserts Defendants continue to violate his rights by denying him a particularized religious diet. He seeks injunctive relief and monetary damages. For the reasons discussed below, the Court will...
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE ANNE T. BERTON , Magistrate Judge. On this day, the Court considered "Defendant Justin Ribault's Rule 12(b)(1) Motion to Dismiss" ("Dr. Ribault's Motion") filed by Defendant Justin Ribault, M.D. ("Dr. Ribault") on December 18, 2019 (ECF No. 55) and "Federal Defendants' Motion to Dismiss, or in the Alternative Motion for Summary Judgment" ("Federal Defendants' Motion") filed by Defendants United States of America ("United States"), Scott...
ORDER ANDREW W. AUSTIN , Magistrate Judge . Before the Court is Plaintiff Balance CXI, Inc. d/b/a/Zacoustic's Motion to Compel (Dkt. No. 12) and all accompanying responses and replies. The District Court referred the discovery dispute to the undersigned Magistrate Judge for resolution pursuant to 28 U.S.C. 636(b)(1)(A), FED. R. CIV. P. 72, and Rule 1(c) of Appendix C of the Local Rules. The Court held a hearing on March 5, 2020, and ruled on many of the issues from the bench. This Order...
MEMORANDUM OPINION AND ORDER DAVID BRIONES , Senior District Judge . On this day, the Court considered Defendant Verizon Wireless Texas, LLC, d/b/a Verizon Wireless's ("Verizon") "Motion for Summary Judgment" ("Verizon's Motion") filed in the above-captioned case on January 23, 2020. ECF No. 18. Also, on January 23, 2020, Plaintiff Imelda Lucero Baeza ("Ms. Baeza") filed her "Motion for Partial 1 Summary Judgment and Memorandum in Support" ("Ms. Baeza's Motion"). ECF No. 19. On February...
ORDER GRANTING DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT ALAN D. ALBRIGHT , District Judge . Before the Court is Plaintiffs' Motion for Partial Summary Judgment (ECF No. 10), Defendant's Response and Cross-Motion for Summary Judgment (ECF No. 16), Plaintiffs' Reply (ECF No. 17), Plaintiffs' Response to Defendant's Cross-Motion for Summary Judgment (ECF No. 18), and Defendant's Reply to Plaintiffs' Response (ECF No. 20). After having reviewed the parties' briefs, case file, and...
ORDER ELIZABETH S. ("BETSY") CHESTNEY , Magistrate Judge . Before the Court in the above-styled cause of action is Plaintiff PMG International, Ltd.'s Verified Unopposed Motion to Abate [#9]. By its motion, Plaintiff PMG International, Ltd. ("PMG") informs the Court that it sent a letter to Defendant Travelers Indemnity Company of America ("Travelers") on December 14, 2019 invoking appraisal of the underlying insurance claim. PMG asks the Court to abate this suit pending the outcome of...
ORDER ELIZABETH S. ("BETSY") CHESTNEY , Magistrate Judge . Before the Court in the above-styled cause of action is Plaintiff PMG International, Ltd.'s Verified Unopposed Motion to Abate [#8]. By its motion, Plaintiff PMG International, Ltd. ("PMG") informs the Court that it sent a letter to Defendant Travelers Indemnity Company of America ("Travelers") on December 12, 2019 invoking appraisal of the underlying insurance claim. PMG asks the Court to abate this suit pending the outcome of...
