ORDER ON AGREED STIPULATION OF DISMISSAL WITH PREJUDICE DAVID A. EZRA , District Judge . THIS CAUSE having come before the Court upon the Stipulation of Dismissal With Prejudice (the "Stipulation") filed by Plaintiff, VSS International, Inc. f/k/a International Surfacing Systems ("VSSI"), and Defendant, DelHur Industries, Inc. ("DelHur"). The Court having reviewed the file and the Stipulation hereby ORDERS AND ADJUDGES that VSSI's claims in this case against DelHur are dismissed with...
MEMORANDUM OPINION AND ORDER PHILIP R. MARTINEZ , UNITED STATES DISTRICT JUDGE . On this day, the Court considered Movant Manuel Ramirez-Jimenez's "Motion under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" [hereinafter "Motion"] (ECF No. 89) 1 and the Government's "Response to Motion Under 28 U.S.C. 2255 to Vacate, Set Aside[,] or Correct Sentence by a Person in Federal Custody" [hereinafter "Response"] (ECF No. 97), filed in the above-...
MEMORANDUM OPINION HARRY LEE HUDSPETH , District Judge . This is an appeal from an order of the United States Bankruptcy Court for the Western District of Texas confirming a Chapter 13 Plan. This Court has appellate jurisdiction under 28 U.S.C. 158(a). The Appellants are the Debtors in the underlying bankruptcy proceeding filed under Chapter 13 of the Bankruptcy Code. The Appellee is the Chapter 13 Trustee. The proceeding below is a core proceeding. In reviewing an order of the...
MEMORANDUM OPINION ROYCE C. LAMBERTH , District Judge . Before the Court are defendant's motion for summary judgment, ECF No. 53, and defendant's motion to strike portions of plaintiffs' declarations in support of plaintiffs' response to defendant's motion for summary judgment, ECF No. 62. After due consideration, defendant's motion to strike and objections to plaintiffs' summary judgment evidence is DENIED while the Court overrules and sustains defendant's objections as appropriate...
MEMORANDUM OPINION AND ORDER WALTER S. SMITH, Jr. , District Judge . In Civil Action Nos. 6:15-cv-172, 6:15-cv-179, and 6:15-cv-181, each of which are removal actions consolidated with Civil Action No. 6:15-cv-170, Plaintiff Polansky's Wrecker Service ("Plaintiff") claims that Defendants Universal Underwriters Insurance Company and William Gillis (collectively "Defendants"), inter alia, violated the Texas Insurance Code because they failed to sufficiently reimburse Plaintiff for wind and/...
REASONS FOR RULING DONALD E. WALTER , District Judge . On November 27, 2015 — the Friday before jury selection and trial were set to begin on Monday, November 30, 2015 — defendant Francisco Antonio Colorado Cessa, through counsel, filed a "Motion to Dismiss Second Superseding Indictment for Prosecutorial Misconduct Before the Grand Jury." [Doc. # 938]. 1 At defendant's request, the motion was placed under seal. [Docs. # 937, 941]. The court denied the motion on Saturday, November 28,...
ORDER DENYING MISSION SPECIALTY'S MOTION FOR PRE-LIMINARY INJUNCTION David Alan Ezra , Senior United States District Judge . On December 11, 2015, the Court heard oral argument on Mission Specialty Pharmacy's ("Mission Pharmacy" or "Plaintiff") Motion for Preliminary Injunction. (Dkt. # 8.) Micah Skidmore, Esq., appeared on behalf of Plaintiff; JoAnn Dalrymple, Esq., appeared on behalf of Defendant OptumRx, Inc. ("OptumRx" or "Defendant"). After careful consideration of the memoranda in...
ORDER DENYING PLAINTIFF'S EMERGENCY MOTION FOR SANCTIONS DAVID A. EZRA , District Judge . On December 18, 2015, Mission Specialty Pharmacy ("Mission Pharmacy" or "Plaintiff") filed an Emergency Motion for Sanctions. (Dkt. # 29.) Pursuant to Local Rule 7(h), this Court finds the matter is suitable for disposition without a hearing. W.D. Tex. Civ. R. 7(h). After careful consideration of the memoranda in support of and in opposition to the motion, the Court, for the reasons that follow,...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE MARK LANE , Magistrate Judge . Before the court are Plaintiff's "`Amended Complaint' Plaintiff's Fourth Amendment Complaint" [Dkt. #50], Plaintiff's "Motion to Re-Instate Yahoo, Inc., as a Defendant in the Above Styled Cause of Action" [Dkt. #69], Defendant Yahoo, Inc. ("Yahoo")'s "Motion to Dismiss Amended Complaint" [Dkt. #65], Defendants AT&T, Inc. and Randall L. Stephenson (collectively, AT&T)'s "Motion to Dismiss for Lack...
ORDER XAVIER RODRIGUEZ , District Judge . On this day the Court considered Defendants' Motion to Dismiss (docket no. 3) and Plaintiff's duplicate Motions for Leave to File First Amended Complaint (docket nos. 9, 10). After careful consideration, the Court will GRANT Defendants' Motion to Dismiss and DENY Plaintiff's Motions for Leave to File First Amended Complaint. BACKGROUND Plaintiff Anne M. Guerra filed a state court petition with an application for a temporary restraining order in...
ORDER GRANTING MOTION TO DISMISS DAVID ALAN EZRA , District Judge . Before the Court is a Motion to Dismiss for Lack of Subject Matter Jurisdiction filed by Out Rage ("Defendant"). (Dkt. # 5.) Pursuant to Local Rule CV-7(h), the Court finds this matter suitable for disposition without a hearing. After careful consideration of the Motion and supporting memorandum, 1 the Court, for the reasons that follow, GRANTS the Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction....
ORDER XAVIER RODRIGUEZ , District Judge . On this date, the Court considered Defendants' motions for summary judgment (Docket Nos. 77 and 143); Defendants' motion to strike exhibits (Docket No. 125); Defendants' motion to exclude the expert testimony of Jeffrey Noble (Docket No. 79); Plaintiffs' motion to exclude the testimony of George Williams (Docket No. 139); and the various responses and replies. BACKGROUND What is undisputed is that at approximately 1:30 a.m. on October 14, 2012,...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S AMENDED MOTION FOR SUMMARY JUDGMENT DAVID ALAN EZRA , District Judge . Before the Court is an Amended Motion for Summary Judgment filed by Textron, Inc. d/b/a E-Z-GO ("Textron"). (Dkt. # 103.) The Court held a hearing on the Motion on December 14, 2015. At the hearing, Dale Markland, Esq., represented Textron, and Sean Breen, Esq. represented Plaintiffs. After careful consideration of the supporting and opposing memoranda and the...
ORDER XAVIER RODRIGUEZ , District Judge . Defendant seeks a reduction of his sentence pursuant to 18 U.S.C. 3582(c)(2). 1 In this case, the Defendant pled guilty to conspiracy to distribute and to possess with intent to distribute fifty grams or more of methamphetamine. Docket no. 143. In the plea agreement, the Defendant and the Government agreed to the following: Pursuant to Rule 11(c)(1)(C), the parties agree that a sentence of fourteen (14) years is the appropriate disposition of...
ORDER ANDREW W. AUSTIN , Magistrate Judge . Before the Court are Defendant Travis County Brewing Co., Inc. ("Oasis")'s Opposed Motion to Compel Responses to First Discovery Requests (Dkt. No. 22), and Plaintiff New Belgium Brewing Co., Inc. ("New Belgium")'s Response (Dkt. No. 29). The District Court referred the above discovery motion to the undersigned Magistrate Judge for a determination pursuant to 28 U.S.C. 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix...
ORDER STAYING CASE DAVID A. EZRA , District Judge . On October 25, 2007, Sandra Saenz purchased the property located at 4106 Adair Bluff, San Antonio, TX 78223-3271 (the "Property") subject to a Homeowner's Association ("HOA") Covenant. ("Am. Compl.," Dkt. # 9 8-10.) The Covenant permits the HOA to assess fees upon property owners, and permits creation of an assessment lien for failure to pay such fees. ( Id. 9.) Ms. Saenz financed the purchase with a loan of $139,174.00 from MTH...
MEMORANDUM OPINION AND ORDER KATHLEEN CARDONE , District Judge . Movant Sergio Parra-Martinez, through a motion under 28 U.S.C. 2255 (ECF No. 112), 1 challenges the 210-month sentence imposed by the Court on December 20, 2011, after he pleaded guilty, pursuant to a plea agreement, to conspiring to import 100 kilograms or more of marijuana. Parra asserts the Court erred when it enhanced his sentence under the residual clause of the Armed Career Criminal Act ("ACCA") based on a prior...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN , 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) 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...
ORDER KATHLEEN CARDONE , District Judge . On this day, the Court considered Defendants' Motion to Dismiss the Second Amended Complaint and Brief in Support ("Motion to Dismiss"), ECF No. 84, Plaintiffs' Motion for Judgment or to Rule on Plaintiffs' Motion for Reconsideration ("Motion for Judgment"), ECF No. 101, Plaintiffs' Motion for Partial Summary Judgment ("New Motion for Partial Summary Judgment"), ECF No. 112, Defendants' Motions to Strike Plaintiffs' Motion for Partial Summary...
ORDER XAVIER RODRIGUEZ , District Judge . On this date the Court considered Plaintiff's motion for reconsideration (docket no. 129). Background Plaintiff was sentenced to time served in state court on March 17, 2014, and a Judgment was signed by the state court on March 18. 1 The Texas Office of Court Administration is statutorily directed to promulgate a standardized felony judgment form. See Texas Code Crim. Proc. Ann. art. 42.01, Section 4. 2 Plaintiff alleges that his rights...
