ORDER KATHLEEN CARDONE, District Judge. On this day, the Court considered Defendant Aetna Life Insurance Company's Motion and Brief in Support of its Motion to Dismiss for Failure to State a Claim for Relief (FRCP 12(b)(6)), and, In the Alternative, Motion to Strike (FRCP 12(f)) ("Aetna's Motion"), ECF No. 12, as well as Defendant Energy Transfer Partners GP, L.P.'s and Defendant Energy Partners GP, L.P. Long Term Disability Plan's Motion to Dismiss for Failure to State a Claim and Motion to...
ORDER GRANTING MOTION FOR CONDITIONAL CERTIFICATION AND NOTICE TO POTENTIAL OPT-IN PLAINTIFFS DAVID ALAN EZRA, Senior District Judge. Before the Court is Plaintiffs' Motion for Conditional Certification and Notice to Potential Opt-In Plaintiffs. (Dkt. #19.) Defendant filed a response opposing conditional certification. (Dkt. #22.) On October 10, 2013, this Court held a hearing to discuss the merits of Plaintiffs' request for conditional certification. Having considered the parties' arguments,...
ORDER: (1) GRANTING MINERAL OWNERS' MOTION FOR PARTIAL SUMMARY JUDGMENT; (2) DENYING PXP'S MOTION FOR PARTIAL SUMMARY JUDGMENT; (3) DENYING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT; (4) GRANTING EOG'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON SEISMIC CLAIMS; (5) DENYING AS MOOT PXP'S MOTION TO SEVER; (6) DENYING PLAINTIFFS' MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT DAVID ALAN EZRA, Senior District Judge. On October 10, 2013, the Court heard oral argument on the Opposed Motion for...
ORDER: (1) DENYING DEFENDANTS' RULE 12(b)(3) MOTIONS TO DISMISS; (2) DENYING DEFENDANTS' RULE 12(b)(6) PARTIAL MOTIONS TO DISMISS; (3) DENYING DEFENDANT JOE C. BALLENGER SR.'S MOTION TO TRANSFER VENUE DAVID ALAN EZRA, Senior District Judge. On October 30, 2013, the Court heard oral argument on the Rule 12(b)(3) Motion to Dismiss (Dkt. # 6) brought by Defendant Joe C. Ballenger, Sr. ("Ballenger, Sr.") and the Rule 12(b)(3) Motion to Dismiss (Dkt. # 12) brought by Defendants Joe C. Ballenger,...
MEMORANDUM OPINION INCORPORATING FINDINGS OF FACT AND CONCLUSIONS OF LAW LEE YEAKEL, District Judge. The Second Called Session of the 83rd Texas Legislature passed "[an act] relating to the regulation of abortion procedures, providers, and facilities [and] providing penalties." Act of July 12, 2013, 83rd Leg., 2d C.S., ch. 1, 1-12, 2013 Tex. Sess. Law Serv. 4795-4802 (to be codified at Tex. Health & Safety Code 171.0031, 171.041-048, 171.061-064, & amending 245.010-.011; Tex. Occ....
ORDER DENYING DEFENDANT SEGOVIA'S MOTION TO DISMISS DAVID EZRA, District Judge. On October 9, 2013, the Court heard oral argument on the Motion to Dismiss filed by Defendant Jose Rolando Segovia ("Segovia"). (Dkt. #22.) Mark Anthony Sanchez, Esq., appeared on behalf of Plaintiff Rebecca Pruitt Maldonado ("Plaintiff"). Charles Frigerio, Esq., appeared on behalf of Defendant Segovia, and Alberto Lopez, Esq., appeared on behalf of Defendant City of Pearsall ("the City"). After careful...
ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on the 19th of September, 2013, the Court called a hearing in the above-styled cause, and the parties appeared by and through counsel. Pending before the Court are the following summary judgment motions: Duke Energy Corporation, Duke Ventures, LLC, and Spectra Energy Capital, LLC (collectively, Duke)'s Motion for Summary Judgment [# 157], Plaintiff Crescent Resources Litigation Trust's Sealed Response [# 181], Duke's Reply [#185], the Trust'...
ORDER XAVIER RODRIGUEZ, District Judge. On this date, the Court considered its jurisdiction over this case. This Court has a duty to examine its subject matter jurisdiction, and must do so sua sponte when necessary. Howery v. Allstate Ins. Co., 243 F.3d 912 , 919 (5th Cir. 2001). On or about July 12, 2013, plaintiff King Ranger Theatres filed a lawsuit in state court in Guadalupe County, Texas. On August 12, 2013, Defendant GDC Digital Cinema Network ("GDC") removed this case to this...
ORDER DENYING THE KINGDOM FRESH GROUP'S MOTION TO INTERVENE DAVID ALAN EZRA, Senior District Judge. Before the Court is the Motion to Intervene Pursuant to FRCP 24(A)(2) filed by interested parties Kingdom Fresh Produce, Inc., I. Kunik Company, Inc., Five Brothers Jalisco Produce Co. Inc. d/b/a Bonanza 2001, Rio Bravo Produce Ltd. Co., LLC and G.R. Produce, Inc. (hereinafter the "Kingdom Fresh Group"). After careful consideration, and for the reasons given below, the Court DENIES the Motion...
ORDER DENYING DEFENDANTS' MOTIONS TO SUPPRESS DAVID ALAN EZRA, Senior District Judge. On August 1, 2013, the Court heard Defendant James Lopez's Motion to Suppress Tangible Evidence (doc. # 68) and Defendant Serafin Villenueva's Motion to Suppress Tangible Evidence (doc. # 71). Assistant United States Attorney David Shearer, Esq. appeared at the hearing on behalf of the United States ("the Government"); Michael J. Morris, Esq., appeared at the hearing on behalf of Defendant James Lopez ("...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN, Magistrate Judge. To: The Honorable Sam Sparks, United States District Judge The Magistrate Judge submits this Report and Recommendation to the District Court pursuant to 28 U.S.C. 636(b) and Rule 1(e) of Appendix C of the Local Court Rules this Court. Before the Court are Petitioner's Application for Habeas Corpus Relief under 28 U.S.C. 2254 (Document 1); Respondent's Answer (Document 9); Respondent's Amended...
ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Defendants Plasti-Pure, Inc. and CertiChem, Inc.'s Motion for Judgment as a Matter of Law [# 185], and Plaintiff Eastman Chemical Company's Response [# 189]; Eastman's Motion for Entry of Final Judgment [# 204], Defendants' Response [# 209], and Eastman's Reply [#214]; Defendants' Motion for Judgment [# 205], Eastman's Response [#211], and Defendants' Reply [#...
ORDER JERRY E. SMITH, Circuit Judge, ORLANDO L. GARCIA, and XAVIER RODRIGUEZ, District Judges. After careful deliberation, the Court grants the parties' request to amend their pleadings and denies Defendants' motion to dismiss the 2011 claims as moot. All legal challenges and requests for injunctive, declaratory and equitable relief relating to the 2011 and 2013 enacted plans will remain in this Court. The Court has also concluded, however, that a full, fair and final review of all issues...
ORDER XAVIER RODRIGUEZ, District Judge. On this date the Court considered the status of this case. Plaintiff Kurtis Adkisson filed his original petition in the 224th Judicial District Court of Bexar County, Texas. On September 25, 2012, Defendants Wal-Mart Stores and Steve Estrada 1 filed a Notice of Removal to this Court. The basis of removal was diversity jurisdiction under 28 U.S.C. 1332, which requires that the amount in controversy between the parties exceed $75,000. Although...
ORDER DENYING DEFENDANT'S MOTION TO WITHDRAW PLEA DAVID ALAN EZRA, Senior District Judge. On August 28, 2013, the Court heard Defendant Marvin Steele's Motion to Withdraw Plea. (Doc. # 146.) Assistant United States Attorney Thomas P. Moore, Esq., appeared at the hearing on behalf of the United States ("the Government"); Debra L. Parker, Esq., appeared at the hearing on behalf of Defendant Marvin Steele ("Steele"). After reviewing the Motion and the Government's response in opposition, and...
MEMORANDUM OPINION AND ORDER ANNE T. BERTON, Magistrate Judge. This is a civil action seeking judicial review of an administrative decision. Plaintiff appeals from the decision of the Commissioner of the Social Security Administration ("Commissioner"), denying his claim for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act. Jurisdiction is predicated upon 42 U.S.C. 405(g). Both parties have consented to trial on the merits before a United States Magistrate...
ORDER XAVIER RODRIGUEZ, District Judge. On this date, the Court considered its jurisdiction over this removed case, Plaintiff's response to the Court's show-cause order regarding improper joinder, and Plaintiff's motion to remand. A. Background According to the state-court petition, on January 15, 2012, Plaintiff Victoria Borg and her minor daughter entered an Old Navy in Bexar County, Texas. While shopping, the daughter's eyelid was "caught and tor[n]" by a clothing rack. Plaintiff claims...
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT DAVID ALAN EZRA, Senior District Judge. On August 22, 2013, the Court heard oral argument on the Motion for Summary Judgment filed by Defendants Shane Q. Sizemore and Abel Barrientes (collectively, "Defendants"). (Doc. # 74 ("Mot.").) Mark Anthony Sanchez, Esq., appeared on behalf of Plaintiff Toby Zepeda; Nathan Mark Ralls, Esq., appeared on behalf of Defendants. After careful consideration of the Motion and the supporting and opposing...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN, Magistrate Judge. TO: THE HONORABLE SAM SPARKS UNITED STATES DISTRICT JUDGE The Magistrate Judge submits this Report and Recommendation to the District Court pursuant to 28 U.S.C. 636(b) and Rule 1(e) of Appendix C of the Local Court Rules of the United States District Court for the Western District of Texas, Local Rules for the Assignment of Duties to United States Magistrates, as amended, effective December 1,...
ORDER XAVIER RODRIGUEZ, District Judge. On this date the Court considered the status of the above-captioned case. This case was commenced on April 23, 2013, when Plaintiff filed an original complaint in this Court. Even though over 120 days have passed since that filing, the Court has no record that Defendant ProCollect Services LLC has been properly served or has agreed to waive service. Rule 4(c) of the Federal Rules of Civil Procedure provides in pertinent part: The plaintiff is...
