MEMORANDUM OPINION AND ORDER HARRY LEE HUDSPETH, Senior District Judge. This is an action for a declaratory judgment under 28 U.S.C. 2201. The Plaintiffs seek a declaration as to their duty to defend and indemnify their policyholders in an underlying lawsuit pending in state district court. The Defendant policyholders have filed a counterclaim for fees and expenses incurred in defending the underlying suit, as well as the remedies afforded by the Texas Prompt Payment Statute. Tex. Ins....
ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Defendant OneWest Bank, FSB's Motion to Dismiss for Failure to State a Claim [# 18], Plaintiff Lindsay T. Kan's response thereto [# 22], and OneWest's reply [# 24]. Having reviewed the above documents, the applicable law, and the case file as a whole, the Court enters the following opinion and orders, GRANTING OneWest's motion in part and DENYING in part....
ORDER ON MOTION TO DISMISS XAVIER RODRIGUEZ, District Judge. On this date, the Court considered the Government's Motion to Dismiss for Lack of Jurisdiction (docket no. 7), and the Response and Reply thereto. After careful consideration, the Court concludes that it lacks jurisdiction over this habeas petition and grants the motion. Background Petitioner Lilia Solis-de Patino filed an "Emergency Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief" seeking to...
FINAL JUDGMENT JAMES R. NOWLIN, District Judge. Before the Court in the above-entitled and styled case of action are the following cross-motions for post-verdict relief: (1) Myriad Development, Inc.'s Motion For Judgment (Dkt. No. 433), filed March 13, 2010; (2) Alltech, Inc.'s Opposition To Plaintiffs Motion For Judgment And Defendant's Motion To Enter Judgment To Conform The Verdict To The Evidence (Dkt. No. 449), filed April 2, 2010; (3) Myriad Development, Inc.'s Reply In...
MEMORANDUM OPINION AND ORDER DAVID BRIONES, Senior District Judge. On this day, the Court considered Defendant the United States of America's ("the United States" or "the Government") "Motion to Dismiss the First Through Ninth and Eleventh Claims of the Plaintiffs' Original Complaint," filed in the above captioned cause on June 6, 2011, under Federal Rule of Civil Procedure 12(b)(1). 1 Therein, the Government petitions the Court to dismiss with prejudice Plaintiffs Jesus C. Hernandez, et...
ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on November 22, 2011, the Court held a hearing in the above-styled cause, at which the parties appeared by and through counsel, and at which the Court heard argument regarding the parties' cross-motions for summary judgment [##33, 36]. Also before the Court were Plaintiff Authentic Beverages Company, Inc.'s 1 responsive filings [## 37, 38]. Having considered the parties' arguments, and having reviewed the documents, the relevant law, and...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ROBERT JUNELL, District Judge. On November 23, 2010, this case was tried before this Court. The following findings are now issued in accordance with Federal Rule of Civil Procedure 52(a). I. INTRODUCTION A. Rangra v. Brown Procedural History 1. At the outset, Plaintiffs and Defendants stipulate that the substantive legal issues of this case are the same as those tried before this Court in Rangra v. Brown ( "Rangra I" ), No. P-05-CV-075,...
ORDER KATHLEEN CARDONE, District Judge. On this day, the Court considered Defendant Ricardo R. Montalvo's ("Montalvo") Motion for Summary Judgment ("Montalvo's Motion"), ECF No. 65, and the Government's Motion to Dismiss or, in the alternative, Motion for Summary Judgment ("Government's Motion"), ECF No. 66. For the reasons set forth below, Montalvo's Motion is GRANTED and the Government's Motion is GRANTED in part and DENIED in part. I. BACKGROUND The following facts are undisputed,...
ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Plaintiffs' Motions to Certify Classes [# 10, 42], Defendants' responses [# 20, 46, 47] thereto, and Plaintiffs' replies [# 23, 58]; Plaintiffs' Amended Motion for Preliminary Injunction [# 18], Defendants' response [# 29] thereto, and the parties' supplemental memoranda [# 39, 41, 52]; Defendant David Escamilla's Motions to Dismiss [#22, 49], Plaintiffs'...
AMENDED ORDER ON MOTIONS FOR SUMMARY JUDGMENT XAVIER RODRIGUEZ, District Judge. On this day, the Court considered Plaintiff Penn-America's motion for summary judgment (Docket Entry No. 57), Third Party Defendant Stoltz & Company's motion for summary judgment (Docket Entry No. 54), and Third Party Defendant Texas All Risk General Agency's motion for summary judgment (Docket Entry No. 58). Defendant Zertuche has not filed a motion for summary judgment on his claims. Having considered the...
MEMORANDUM OPINION AND ORDER DENYING RELIEF FRED BIERY, Chief Judge. Petitioner Ray Jasper, III, filed this federal habeas corpus action pursuant to Title 28 U.S.C. Section 2254 collaterally attacking his January, 2000, Bexar County conviction for capital murder and sentence of death. For the reasons set forth below, petitioner is not entitled to federal habeas corpus relief from this Court but is entitled to a Certificate of Appealability on his Batson claim herein. I. Statement of the...
ORDER XAVIER RODRIGUEZ, District Judge. On this date, the Court considered Defendants' Motion to Dismiss (docket no. 4) and the Response and Reply thereto. After careful consideration, the Court will grant the motion in part and dismiss it as moot in part. I. Background Plaintiffs bring suit against the Texas Department of Health Services ("the Department") and David L. Lakey, in his Official Capacity as Commissioner of the Department. Plaintiffs are the parents of infants whose blood...
ORDER KATHLEEN CARDONE, District Judge. On this date, the Court considered "Plaintiff's First Amended Motion for Summary Judgment" ("Plaintiff's Motion"), ECF No. 19, and Defendant's Motion for Summary Judgment ("Defendant's Motion"), ECF No. 22. For the reasons set forth below, Plaintiff's Motion is DENIED and Defendant's Motion is GRANTED. I. BACKGROUND The following facts are undisputed. In February 2008, Villegas & Sons ("Villegas") was operating an asphalt plant. Pl.'s Proposed...
ORDER XAVIER RODRIGUEZ, District Judge. On this date, the Court considered numerous pending motions in this case. Plaintiffs Ted D. Lee and his wife Jerelene W. Lee, filed their original complaint on January 21, 2011, against Whispering Oaks Homeowners' Association, Inc., Northside Neighborhoods for Organized Development, V.J. Neighborhood, Inc. d/b/a Vance Jackson Neighborhood Association, the City of San Antonio, Diane Cibrian, Richard L. Higbie, Joel Garcia, Michael Makowski, Carl B....
ORDER XAVIER RODRIGUEZ, District Judge. On this date, the Court considered Defendant's Motion to Dismiss (Docket Entry No. 5), Plaintiff's Amended Response (Docket Entry No. 7), and Defendant's Reply (Docket Entry No. 8). For the following reasons, Defendant's motion to dismiss is DENIED. FACTUAL BACKGROUND 1 Plaintiff Catherine Bonillas was employed as a teacher at Gilbert Elementary School by Defendant Harlandale Independent School District ("HISD") on a one year contract. Sometime in...
ORDER KATHLEEN CARDONE, District Judge. On this day, the Court considered "Defendant's Motion for Summary Judgment" ("Motion"), ECF No. 33. For the reasons set forth herein, the Motion is GRANTED. I. BACKGROUND Plaintiff is a former employee of El Paso Marriott, Columbia Sussex Corporation d/b/a CSC/Columbia Sussex Corporation ("Defendant"). Proposed Undisputed Facts 1, ECF No. 33-1. Plaintiff began working for Defendant in December 1999 as a room service server, and in 2004, Plaintiff...
ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Defendant Incompass IT, Inc. (Incompass)'s Motion to Dismiss for Lack of Jurisdiction (Def. Mot.) [#10], Plaintiff Dell Marketing, LP (Dell)'s response (Pl. Resp.) [# 26], and Incompass's reply [# 33]; Dell's Motion to Dismiss Counterclaims [# 19] and Incompass's response [# 31]; and Dell's Motion to Dismiss Second Amended Counterclaims [# 38], Incompass's...
ORDER WALTER S. SMITH, JR., District Judge. Before the Court is the Motion for Summary Judgment filed by the Defendant, BAC Home Loans Servicing, L.P. (BAC). Having considered the motion, the response, the reply, and the applicable legal authority, the Court finds that the motion is partially meritorious and should be granted in part and denied in part. I. Statement of Facts In accordance with standard summary-judgment practice, the Court recounts the relevant facts in the light most...
ORDER ORLANDO L. GARCIA and XAVIER RODRIGUEZ, District Judges. The court, by majority, adopts PLAN H302 as the interim plan for the districts used to elect members in 2012 to the Texas House of Representatives. A map showing the redrawn districts in PLAN H302 is attached to this Order as Exhibit A. The textual description in terms of census geography for PLAN H302 is attached as Exhibit B. The statistical data for PLAN H302 is attached as Exhibit C. This plan may also be viewed on the...
ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Defendant Credit Control Services, Inc.'s Motion for Entry of Judgment [# 99], Plaintiff Staci Adamcik's Response and Motion for Entry of Judgment [#104], CCS's Reply [#107]; Adamcik's brief — Prior Express Consent Under the Telephone Consumer Protection Act May be Revoked Orally [# 100], and CCS's Response to Plaintiff's Motion for Entry of Judgment [# 103]....
