ORDER GRANTING DEFENDANT'S MOTION TO DISMISS DAVID ALAN EZRA , Senior District Judge . Before the Court is a Motion to Dismiss filed by Defendant Square, Inc. ("Defendant") (Dkt. #10). Plaintiff Fernando Morales ("Plaintiff") filed a Response to the Motion, (Dkt. #16), and Defendant subsequently filed a Reply (Dkt. #19). The Court held a hearing on Defendant's Motion to Dismiss on December 5, 2014. At the hearing, Matthew Murrell, Esq. appeared on behalf of Plaintiff, and Stefani E....
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 SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Plaintiff St. Jude Medical S.C., Inc. (St. Jude S.C.)'s Motion for Temporary Restraining Order and Preliminary Injunction [#2], Defendant Louise Marie Janssen-Counotte (Janssen)'S Response to Application for a Temporary Restraining Order and Preliminary Injunction and Motion to Dismiss for Failure to State a Claim [#18], St. Jude S.C.'s Supplement to...
ORDER XAVIER RODRIGUEZ, District Judge. On this day came on to be heard Defendant's motion to suppress. The Defendant is charged with Possession of a Firearm by a Prohibited Person. Defendant seeks to have verbal statements he made after his arrest and during transport to the police station suppressed because no Miranda warnings were administrated to him. The motion is granted in part and denied in part. The incident was videotaped with a police camera. At about 17:02:48, the officer...
MEMORANDUM OPINION AND ORDER ROBERT F. CASTANEDA, Magistrate Judge. This is a civil action seeking judicial review of an administrative decision. Jurisdiction is predicated upon 42 U.S.C. 405(g). Both parties having consented to trial on the merits before a United States Magistrate Judge, the case was transferred to this Court for trial and entry of judgment pursuant to 28 U.S.C. 636(c), and Rule CV-72 and Appendix C to the Local Court Rules for the Western District of Texas. Plaintiff...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN, Magistrate Judge. Before the Court are Non-Party David Wieland's Motion for Protective Order and Motion to Quash Subpoena to Testify at a Deposition (Dkt. No. 1), the Mission Parties' Response in opposition to Wieland's Motion (Dkt. No. 3), and Wieland's Reply (Dkt. No. 6). Also before the Court are the Mission Parties' Motion to Transfer (Dkt. No. 4), Wieland's Response (Dkt. No. 7), and the Mission Parties'...
ORDER ANDREW W. AUSTIN, Magistrate Judge. Before the Court are Defendant Benihana National Corp.'s Motion for Attorneys' Fees and Costs (Dkt. No. 266); Plaintiff's Response (Dkt. No. 267); Benihana's Reply (Dkt. No. 269); Plaintiff's Surreply (Dkt. No. 270); and Benihana's Response to the Surreply (Dkt. No. 276). Also before the Court are Benihana's Supplemental Memorandum in Support of Its Right to Recover Attorneys' Fees and Costs Pursuant to Section 8.5 of the San Antonio Franchise...
ORDER (1) GRANTING DEFENDANTS' MOTION TO SET ASIDE CLERK'S ENTRY OF DEFAULT, (2) VACATING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION AS MOOT, AND (3) DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT DAVID ALAN EZRA, Senior District Judge. Before the Court is a Motion for Default Judgment filed by Plaintiff Jane Envy, LLC ("Plaintiff") (Dkt. # 6). Also before the Court is a Motion to Set Aside Clerk's Entry of Default (Dkt. # 18) and Objections to Magistrate Judge's Memorandum and...
ORDER (1) GRANTING DEFENDANTS' MOTION TO SET ASIDE CLERK'S ENTRY OF DEFAULT, (2) VACATING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION AS MOOT, AND (3) DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT DAVID ALAN EZRA, Senior District Judge. Before the Court is a Motion for Default Judgment filed by Plaintiff Jane Envy, LLC ("Plaintiff") (Dkt. #13). Also before the Court is a Motion to Set Aside Clerk's Entry of Default (Dkt. #21) and Objections to Magistrate Judge's Memorandum and...
ORDER ANDREW W. AUSTIN, Magistrate Judge. Before the Court is Plaintiffs' Motion for Leave to File Second Amended Complaint, and Notice of Defendants' Failure to Comply with Discovery (Dkt. No. 66) and Defendant Julia Vaughan's Response in Opposition to Motion for Leave to File Second Amended Complaint (Dkt. No. 69). Also before the Court are: Defendant Travis County's Motion to Dismiss for Failure to State a Claim (Dkt. No. 42), and Plaintiffs' Response (Dkt. No. 49); Defendant Julia E....
MEMORANDUM OPINION AND ORDER ANDREW W. AUSTIN, Magistrate Judge. Before the Court are: Plaintiff's Complaint seeking reversal of the final decision of the Social Security Administration (Dkt. No. 3); Plaintiff's Brief in Support of Claim (Dkt. No. 19); and Defendant's Brief in Support of the Commissioner's Decision (Dkt. No. 21). Also before the Court is the Social Security record filed in this case (Cited as "Tr."). I. General Background and Administrative Law Judges' Findings Plaintiff...
ORDER GRANTING DEFENDANT CITY OF SAN ANTONIO'S MOTION TO DISMISS DAVID ALAN EZRA, District Judge. Before the Court is a Motion to Dismiss Pursuant to Rule 12(b)(6) filed by Defendant City of San Antonio ("Defendant.") (Dkt. #6.) On December 11, 2014, the Court heard oral argument on the Motion. Mark Sanchez, Esq., appeared at the hearing on behalf of Plaintiff Scott Mathews ("Plaintiff"); Michael Siemer, Esq., appeared at the hearing on behalf of Defendant City of San Antonio; Nathan Ralls,...
ORDER (1) ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND (2) DENYING PETTIONER'S PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. 2254 DAVID ALAN EZRA, Senior District Judge. Before the Court are Objections to the Magistrate Judge's August 21, 2014 Report and Recommendation (Dkt. # 21) and a Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254 (Dkt. # 1) filed by Petitioner Lee Van Tollefson ("Tollefson.") Pursuant to Local Rule 7(h), the Court finds this...
ORDER XAVIER RODRIGUEZ, District Judge. On this day the Court considered Defendant's Motion for Summary Judgment. Docket no. 21. For the following reasons, the Court GRANTS the motion. I. BACKGROUND Plaintiff Jeffrey R. Gordon filed this lawsuit alleging employment discrimination and retaliation under the Americans with Disabilities Act ("ADA") against Defendant Acosta Sales and Marketing, Inc., on July 22, 2013. Acosta is a sales and marketing company that helps various food and consumer...
ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Petitioner Joseph Dewayne Douglas's Petition for Writ of Habeas Corpus [41], the Report and Recommendation (R&R) of the United States Magistrate Judge [#4], and Petitioner Joseph Dewayne Douglas's Objections [#7] thereto. Having reviewed the documents, the relevant law, and the file as a whole, the Court now enters the following opinion and orders ACCEPTING...
ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this the 5 th day of Dec. , 2014, there was presented to the Court the Motion for Admission Pro Hac Vice filed by Shemin Kruse ("Applicant"), counsel for Defendants and the Court, having reviewed the motion, enters the following order: IT IS ORDERED that the Motion for Admission Pro Hoc Vice is GRANTED, and Applicant may appear on behalf of Defendants in the above case. IT IS FURTHER ORDERED that Applicant, if Applicant has...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN, Magistrate Judge. TO: THE HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE Before the Court is Movant Lee Anthony Standberry's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 (Dkt. No. 45) and the Government's Response (Dkt. No. 48). The undersigned magistrate judge submits this Report and Recommendation pursuant to 28 U.S.C. 636(b) and Rule 1 of Appendix C of the Local Court...
ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Petitioner David Salda a's Petition for Writ of Habeas Corpus under 28 U.S.C. 2254 [#1], the Report and Recommendation of United States Magistrate Judge Andrew W. Austin [#3], and Petitioner's Objections [#5] thereto. Having reviewed the documents, the governing law, and the file as a whole, the Court enters the following opinion and orders. All matters in...
ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Defendant Michael Baker's Motion for a New Trial Under F.R.C.P. 33(b)(1) [#365], the United States' Opposition [#370] thereto, and Defendant's Reply [#377] thereto, Defendant Michael Gluk's [Motion for] Joinder of Defendant Michael Baker's Motion for a New Trial [#374], 1 and the United States' Opposition [#379] thereto. Having reviewed the documents, the...
ORDER XAVIER RODRIGUEZ, District Judge, On this day the Court considered Defendants' Motion to Dismiss for Failure to State a Claim (docket no. 4), which the Court previously stated it was treating as a motion for summary judgment pursuant to Federal Rule of Civil Procedure 12(d) ( see docket no. 8). For the following reasons the Court GRANTS the motion. I. Background Plaintiffs Luis and Mayra Avila filed a state court petition with an application for a temporary restraining order in the...
