MEMORANDUM OPINION AND ORDER JANE J. BOYLE, District Judge. Before the Court are Plaintiff Fluor Corporation's ("Fluor") Motion for Summary Judgment (doc. 78), and Defendant/Counterclaimant Citadel Equity Fund Ltd.'s ("Citadel") Motion for Summary Judgment(doc. 79), both filed July 14, 2009. For the reasons set forth below, the Court finds that Fluor's Motion should be and hereby is GRANTED and Citadel's Cross-Motion should be and hereby is DENIED. I. BACKGROUND Fluor issued $330...
MEMORANDUM OPINION AND ORDER SIDNEY A. FITZWATER, Chief Judge. In this case alleging cyberpiracy, trademark infringement, and related claims, the principal issue presented is whether defendants-counterplaintiffs' use of Wildcard Domain Name System ("Wildcard DNS") technology subjects them to liability under statutory or common law. Concluding that it does not, the court grants summary judgment dismissing the claims of plaintiff-counterdefendant. The court denies the motion for partial...
MEMORANDUM OPINION AND ORDER BARBARA M.G. LYNN, District Judge. Before the Court is Plaintiff's Motion for Summary Judgment [Docket Entry # 18]. For the reasons explained below, the Motion is GRANTED. I. BACKGROUND AND PROCEDURAL HISTORY Plaintiff Federal Election Commission ("FEC" or "the Commission") is the independent agency of the United States government with exclusive jurisdiction over the administration, interpretation and civil enforcement of the Federal Election Campaign Act, as...
ORDER DENYING MOTION TO COMPEL ARBITRATION, GRANTING MOTION TO DISMISS IN PART, GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS, GRANTING MOTION FOR SANCTIONS, AND DISMISSING CASE TERRY R. MEANS, District Judge. Before the Court are several motions filed by the defendants in this case. As set out below, after review of those motions, the Court will deny the motion to refer the plaintiff's fraud claims to arbitration (doc. #5) 1 , grant the motion to dismiss (doc. #7) plaintiff's fraud claims,...
MEMORANDUM OPINION and ORDER JOHN McBRYDE, District Judge. This action started as an action by plaintiff, David Lewis Builders, Inc., ("Lewis") against defendant, Mid-Continent Casualty Company, ("Mid-Continent") for recovery of damages, reasonable attorneys' fees, pre-judgment and post-judgment interest, and costs of court based on Mid-Continent's denial of coverage under a commercial liability insurance policy issued by Mid-Continent to Lewis, a home builder, for a claim made against Lewis...
MEMORANDUM OPINION AND ORDER BARBARA M. LYNN, District Judge. Before the Court is Defendants' Motion for Summary Judgment [Docket Entry # 18]. For the reasons stated below, the Motion is GRANTED in part and DENIED in part. Factual 1 and Procedural Background This case involves a dispute between Plaintiff Gerardo Narvaez, Jr. and the current servicer and owner of the note and deed of trust on his house. In January 2006, Plaintiff purchased a home in Dallas, Texas, executing a...
MEMORANDUM OPINION AND ORDER BARBARA M.G. LYNN, District Judge. Before the Court is Defendant's Motion for Summary Judgment [Docket Entry # 83], Plaintiff's Third Motion for Summary Judgment [Docket Entry # 85], Defendant's Motion for Reconsideration [Docket Entry # 113], and the parties' submissions regarding new Fifth Circuit case law [Docket Entries # 122, 125, & 126]. For the reasons explained below, Defendant's Motion for Reconsideration is GRANTED, Defendant's Motion for Summary...
ORDER DAVID C. GODBEY, District Judge. After conducting a review of the pleadings, files and records in this case, and the Findings and Recommendation of the United States Magistrate Judge [Doc. #31] in accordance with 28 U.S.C. 636(b) (1), I am of the opinion that the Findings and Recommendation of the Magistrate Judge are correct, and they are hereby accepted as the Findings of the Court. SO ORDERED. FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE JEFF KAPLAN,...
AMENDED ORDER 1 AND MEMORANDUM OPINION SAM R. CUMMINGS, District Judge. On this day, the Court considered Plaintiff Panorama Construction Co., Inc.'s (Panorama) Motion to Remand and Objections and Motion to Strike Defendant's Evidence, filed January 25, 2010, along with Defendant Farm Credit Services of Central Kansas, FCLA's (Farm Credit) Response, filed February 15, 2010. After considering the relevant argument and authorities, the Court is of the opinion that Panorama's Motion to...
MEMORANDUM OPINION AND ORDER SAM A. LINDSAY, District Judge. Before the court is Defendant Twin Modal, Inc.'s Motion to Dismiss Counts I-IV of Plaintiff's First Amended Complaint, filed May 27, 2010. After consideration of the motion, response, reply, briefs, record, and applicable law, the court grants in part and denies in part Defendant Twin Modal, Inc.'s Motion to Dismiss Counts I-IV of Plaintiff's First Amended Complaint in that it dismisses Counts II, III, and IV of the amended...
MEMORANDUM OPINION AND ORDER SAM A. LINDSAY, District Judge. Before the court is Plaintiff Wells Fargo Bank's Motion to Remand, filed July 16, 2010. Defendant Byron Jones ("Jones"), proceeding pro se, filed no response to the motion. After carefully reviewing the motion, brief, appendix, record, and applicable law, the court grants Plaintiff Wells Fargo Bank's Motion to Remand. This action arises out of a foreclosure sale of real property held by Jones and located at 1228 Summerside...
MEMORANDUM OPINION AND ORDER SAM A. LINDSAY, District Judge. Before this court is Defendants DynCorp International Inc., Aiman K. Zureikat and Richard C. Cashon's Motion to Dismiss, filed May 27, 2010. After reviewing the motion, response, reply, and applicable law, the court grants Defendant DynCorp International Inc., Aiman K. Zureikat and Richard C. Cashon's Motion to Dismiss. I. Factual and Procedural Background Plaintiff Michael Riddle ("Riddle" or "Plaintiff") filed this action...
OPINION AND ORDER RECONSIDERING AND VACATING SANCTIONS TERRY R. MEANS, District Judge. Before the Court is the issue of sanctions imposed upon certain attorneys representing Defendant, Allcare Health Management Systems, Inc. ("Allcare"), in the Opinion and Order Granting Motion for Exceptional-Case Finding and Attorneys' Fees ("the Opinion and Order") (doc. # 566). Those attorneys filed motions to reconsider the sanctions and, upon reconsideration, the Court will vacate the sanctions...
MEMORANDUM OPINION AND ORDER BARBARA M.G. LYNN, District Judge. Before the Court are Defendant's Motion to Exclude the Testimony of Plaintiff's Expert Witnesses [Docket Entry #81], Defendant's Motion for Summary Judgment [Docket Entry #83], Plaintiff's Third Motion for Summary Judgment [Docket Entry #85], and Plaintiff's Motion for Sanctions and to Strike Undue Financial Burden Defense [Docket Entry # 98]. For the reasons explained below, Defendant's Motion to Exclude is DENIED, Defendant's...
MEMORANDUM OPINION AND ORDER SAM A. LINDSAY, District Judge. Before the court is Defendant Examination Management Services, Inc.'s Motion to Dismiss Second Amended Complaint, filed June 4, 2010. After reviewing the motion, response, reply and applicable law, the court grants Defendant Examination Management Services, Inc.'s Motion to Dismiss Second Amended Complaint. I. Factual and Procedural Background This action was originally filed by Plaintiff Anthony F. Belmonte ("Belmonte" or "...
MEMORANDUM OPINION AND ORDER SIDNEY A. FITZWATER, Chief Judge. The parties' cross-motions for summary judgment present questions concerning the interpretation of a marine cargo insurance policy, the insurer's liability for its handling of the insured's claim, and the validity of related common law claims. The court must also address questions concerning the admissibility of certain summary judgment evidence and the availability of an affirmative defense of ambiguity. I A This is an action...
MEMORANDUM OPINION AND ORDER SIDNEY A. FITZWATER, Chief Judge. Defendant OmniGuide, Inc. ("OmniGuide") moves to dismiss the claims of plaintiff Charles Marquis ("Marquis") under Fed.R.Civ.P. 12(b)(1) for failure to exhaust certain claims and under Rule 12(b)(6) for failure to state a claim on which relief can be granted. The court grants the motion in part and denies it in part and grants Marquis leave to replead. I OmniGuide employed Marquis as a commissioned salesman. 1 It terminated...
MEMORANDUM OPINION and ORDER JOHN McBRYDE, District Judge. Came on for consideration the combined motions of defendants, Eurocopter and American Eurocopter LLC ("American"), to dismiss and for misjoinder. Plaintiffs, Bell Helicopter Textron Inc. ("Bell"), and Textron Innovations Inc. ("Textron"), filed a joint response, and defendants filed a reply. Having considered all filings made by the parties and applicable legal authorities, the court concludes that the motions should be granted to...
MEMORANDUM OPINION AND ORDER SAM A. LINDSAY, District Judge. Before the court are: (1) Defendant's Motion for Summary Judgment, filed March 5, 2010; (2) Plaintiff's Motion to Strike Portions of the Declaration of Mark Puwal, filed March 26, 2010; and (3) Plaintiff's Motion for Leave to File Sur-Reply Brief in Opposition to Defendant's Motion for Summary Judgment, filed April 16, 2010. After carefully considering the motions, briefs, record, and applicable law, the court grants Defendant's...
MEMORANDUM OPINION and ORDER JOHN McBRYDE, District Judge. Came on for consideration the motion of defendant, Robert E. Houchin, for summary judgment as to all claims and causes of action brought by plaintiffs, Entertainment Merchandising Technology, L.L.C. ("EMT"), Mark Olmstead ("Olmstead"), Johnney R. Weaver ("Weaver"), Earl D. Morris ("Morris"), and Michael J. Dietz ("Dietz") (Olmstead, Weaver, Morris, and Dietz collectively the "Individual Plaintiffs"). Having considered the motion and...
