MEMORANDUM OPINION AND ORDER A. JOE FISH, Senior District Judge. Before the court are the following motions: (1) the defendant Detail Solutions' motion for summary judgment ("Detail Motion") (docket entry 74); (2) the plaintiff's objection and motion to strike portions of defendant Detail Solutions' reply brief in support of motion for summary judgment ("Plaintiff's Motion to Strike") (docket entry 86); (3) the executrix's objection to plaintiff's motion for summary judgment and brief in...
MEMORANDUM OPINION and ORDER JOHN McBRYDE, District Judge. Came on for consideration the motion for summary judgment filed by defendant, IntegraCare Holdings, Inc., as to all claims and causes of action brought against it by plaintiff, Gloria McDaniel. Plaintiff filed a response, and defendant filed a reply. The parties also filed other motions related to the summary judgment motion, which the court will address as pertinent in this memorandum opinion and order. Having now considered all of...
MEMORANDUM OPINION AND ORDER JANE J. BOYLE, District Judge. Before the Court is Plaintiff Carey's Motion to Remand (doc. 4). For the reasons stated below, the motion is GRANTED so far as this case is remanded in its entirety to state court and DENIED as to awarding attorney's fees. The clerk is hereby directed to remand this action to County Court at Law No. 4 of Dallas County, Texas according to the normal remand procedures. I. BACKGROUND Plaintiff Robert Carey filed this action in...
MEMORANDUM OPINION AND ORDER JOHN McBRYDE, District Judge. Before the court for decision are cross motions for summary judgment filed by plaintiff, BNSF Railway Company ("BNSF"), and defendant, United States of America. The court has concluded that BNSF's motion should be granted and the government's denied. I. Nature of the Litigation A. The Refund Claims This action was initiated on June 30, 2011, by the filing by BNSF, as plaintiff, of its Complaint seeking a refund from defendant,...
MEMORANDUM OPINION AND ORDER JANE J. BOYLE, District Judge. Before the Court is Plaintiffs' First Amended Complaint ("FAC" or "Amended Complaint") filed September 4, 2012, as well as Plaintiffs' ("the Douglasses" or "the Douglass family") Synopsis and Defendants' Response thereto. For the reasons listed below, the Court declines to dismiss the Amended Complaint for failure to meet the applicable pleading standards. I. FACTUAL BACKGROUND 1 This case concerns Defendants' alleged...
MEMORANDUM OPINION AND ORDER BARBARA M.G. LYNN, District Judge. Before the Court are the Rule 12(b)(6) Motion To Dismiss, or in the Alternative, Traditional/No Evidence Rule 56 Motion for Summary Judgment filed by Defendants City of Grapevine (the "City") and Edward Salame, the City's Chief of Police, and the Motion for Partial Summary Judgment filed by Plaintiff Matthew Petrie. For the reasons stated below, both motions are granted in part and denied in part. I. FACTUAL AND PROCEDURAL...
MEMORANDUM OPINION AND ORDER REED O'CONNOR, District Judge. Plaintiffs 1 filed this suit against The City of Dallas (the "City"), Mayor Mike Rawlings, and City Council members Pauline Medrano, Tennell Atkins, Dwaine Caraway, Monica Alonzo, Carolyn Davis, Jerry Allen, Linda Koop, and Angela Hunt. The amended complaint alleges that Defendants violated Plaintiffs' state and federal constitutional rights, as well as the City Charter, when Defendants passed City Ordinance No. 28427 (hereinafter...
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO APPLY HAWAII LAW TERRY R. MEANS, District Judge. Pending before the Court is Plaintiffs' Motion to Apply Hawaii Law (doc. 133), filed April 20, 2012. The Court GRANTS the motion in part and DENIES it in part. I. BACKGROUND In 2007, a helicopter piloted by William J. Sulak crashed in Hawaii, killing Sulak and three passengers and injuring the other three passengers. Sulak was a resident of Hawaii. 1 The helicopter involved in the...
MEMORANDUM OPINION AND ORDER LINDSAY, J. Before the court is Defendant's Motion for Partial Summary Judgment (Doc. 114), filed July 31, 2012, and Plaintiffs' Motion for Partial Summary Judgment (Doc. 68), filed February 7, 2012. By orders dated April 13, 2012, and August 3, 2012, the court, pursuant to 28 U.S.C. 636(b), referred Plaintiffs' Motion for Partial Summary Judgment and Defendant's Motion for Partial Summary Judgment to United States Magistrate Judge Paul D. Stickney for hearing,...
MEMORANDUM OPINION AND ORDER A. JOE FISH, Senior District Judge. This case involves claims arising out of Verizon's spin-off of its domestic directories business into a separate company, then known as Idearc. The plaintiff is U.S. Bank National Association ("U.S. Bank"), acting as litigation trustee of the Idearc Inc. et al. Litigation Trust. Plaintiff's Amended Complaint and Jury Demand (Filed Under Seal) ("Complaint") at 1 (docket entry 216). The defendants are Verizon Communications Inc....
MEMORANDUM OPINION AND ORDER JANE J. BOYLE, District Judge. Before the Court are Plaintiff's Motion for Partial Summary Judgment (doc. 98), filed November 18, 2011, and Defendants' Motion for Partial Summary Judgment (doc. 95), also filed November 18, 2011. For the reasons stated below, the Court finds that Plaintiff's Motion should be and hereby is DENIED and that Defendants' Motion should be and hereby is GRANTED in part and DENIED in part. I. BACKGROUND This case involves the...
MEMORANDUM OPINION and ORDER JOHN McBRYDE, District Judge. Came on for consideration the motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, filed in the above-captioned action by defendant, Carrington Mortgage Services, LLC. Plaintiffs, Frankie Sims and Patsy Sims, filed their response, and defendant filed a reply. Plaintiffs also filed two documents, each titled "Notice of Supplementary Authority Relative to the 12(b)(6) Record." Having now considered all...
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND NOTICE AND ORDER JEFFREY L. CURETON, Magistrate Judge. This case was referred to the United States Magistrate Judge pursuant to the provisions of Title 28, United States Code, Section 636(b). The Findings, Conclusions and Recommendation of the United States Magistrate Judge are as follows: FINDINGS AND CONCLUSIONS I. STATEMENT OF THE CASE Plaintiff Cyndra L. Henry ("Henry") filed this action pursuant to...
MEMORANDUM OPINION AND ORDER SAM A. LINDSAY, District Judge. Before the court is Defendant Dropbox, Inc.'s Motion to Stay, filed November 21, 2011. After carefully reviewing the motion, response, pleadings, and applicable law, the court denies Defendant Dropbox, Inc.'s Motion to Stay. I. Factual and Procedural Background Officeware Corporation d/b/a FilesAnywhere.com ("Officeware") filed this lawsuit on June 30, 2011, against Dropbox, Inc. ("Dropbox") alleging unauthorized use of its...
MEMORANDUM OPINION AND ORDER SAM A. LINDSAY, District Judge. Before the court is Defendant Match.com, L.L.C's Motion to Dismiss, filed December 7, 2011; and Renewed Motion to Enforce the Order Appointing Interim Lead Counsel, filed December 6, 2011, filed by Plaintiffs. After carefully reviewing the motions, briefing, pleadings, and applicable law, the court grants Defendant Match.com, L.L.C's Motion to Dismiss with regard to Plaintiffs' breach of contract and breach of the duty of good...
REPORT AND RECOMMENDATION TO DENY MOTION FOR RELIEF FROM JUDGMENT CLINTON E. AVERITTE, Magistrate Judge. On July 12, 2012, John Lezell Balentine ("Balentine") filed his Motion for Relief from Judgment Pursuant to Federal Rule of Civil Procedure 60(b)(6) ("Motion," doc. 112) and additional exhibits (docs. 113-114) regarding his claim that he was deprived of the effective assistance of counsel because his trial attorney failed to conduct an adequate mitigation investigation and failed to...
ORDER GRANTING MOTION TO DISMISS TERRY R. MEANS, District Judge. Pending before the Court is Defendants' Motion to Dismiss (doc. 5), filed March 30, 2012. The Court GRANTS the motion. I. BACKGROUND On January 31, 2005, plaintiff James L. Bircher ("Bircher") bought real property located at 2128 Nottingham Boulevard, Fort Worth, Texas ("the property"). In conjunction with the purchase, Bircher executed a note and deed of trust in favor of defendant Bank of New York Mellon ("BONY") as the...
MEMORANDUM OPINION SIDNEY A. FITZWATER, District Judge. Plaintiff John Sinayi ("Sinayi") brings this action under 205(g) of the Social Security Act, 42 U.S.C. 405(g), for judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying his claim for Social Security Disability Insurance benefits. For the reasons that follow, the Commissioner's decision is affirmed. I On March 29, 2006 Sinayi applied for disability benefits and Title XVI supplemental...
MEMORANDUM OPINION AND ORDER PAUL D. STICKNEY , United States Magistrate Judge . Following this Court's decision on the "Motion and Brief to Alter or Amend Judgment, Motion to Amend Findings of Fact and Limited Motion for New Trial" (Doc. 158) of Plaintiffs J. Leonard Spodek and Rosalind Spodek ("Plaintiffs"), the Court enters the following Amended Memorandum Opinion and Order. The Court clarifies certain language that Plaintiffs have misinterpreted as a result of semantical...
FINDINGS. CONCLUSIONS. AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND NOTICE AND ORDER JEFFREY L. CURETON, Magistrate Judge. This cause of action was referred to the United States Magistrate Judge pursuant to the provisions of 28 U.S.C. 636(b), as implemented by an order of the United States District Court for the Northern District of Texas. The Findings, Conclusions, and Recommendation of the United States Magistrate Judge are as follows: I. FINDINGS AND CONCLUSIONS A....
