MEMORANDUM OPINION NANCY K. JOHNSON, United States Magistrate Judge. Pending before the court 1 is Defendant's Motion for Summary Judgment (Doc. 35). The court has considered the motion, all relevant filings, and the applicable law. For the reasons set forth below, the court GRANTS IN PART and DENIES IN PART Defendant's motion. I. Case Background Plaintiff Karen England ("Plaintiff") filed the present action against Liberty Insurance Corporation, Liberty Mutual Insurance Company ("...
KEITH P. ELLISON, District Judge. Pending before this Court are Defendant's Motion to Dismiss, or in the Alternative for a More Definite Statement (Doc. No. 14), and Plaintiff's Motion for Partial Summary Judgment (Doc. No. 15). After considering both motions, all responses thereto, the parties' supplemental briefings, and the applicable law, the Court finds that Defendant's Motion to Dismiss must be GRANTED. Plaintiff's Motion for Partial Summary Judgment must be DENIED as moot. I....
ORDER VANESSA D. GILMORE, District Judge. Pending before the Court are Plaintiff's Motion for Summary Judgment (Instrument No. 130), Defendant's Motion for Summary Judgment (Instrument No. 133), and Plaintiff's Motion to Strike (Instrument No. 139). I. A. Defendant Inspectorate America Corporation ("Inspectorate" or "Defendant") is a Delaware corporation subject to the requirements of the Fair Labor Standards Act ("FLSA"). (Instrument No. 1, at 2, 6; Instrument No. 7, at 3-4). Plaintiffs...
MEMORANDUM AND ORDER NANCY F. ATLAS, District Judge. This foreclosure case is before the Court on the Motion to Dismiss [Doc. #11] filed by Defendant BAC Home Loans Servicing, LP ("BAC"), to which Plaintiff Nicolas Knapik filed a Response [Doc. #13], and Defendant filed a Reply [Doc. #17]. Having reviewed the full record and applicable legal authorities, the Court grants the Motion to Dismiss. I. BACKGROUND Plaintiff obtained a loan in the original amount of $148,000.00 for the...
MEMORANDUM AND ORDER NANCY F. ATLAS, District Judge. In this foreclosure suit, Defendant Bank of New York Mellon ("BONY") has filed a Motion for Summary Judgment [Doc. #22] ("Motion"). Plaintiffs Timothy and Sharon Penrod have responded [Doc. #31] ("Response"), and BONY has replied [Doc. #32] ("Reply"). The motion is ripe for decision. Having considered the parties' briefing, the applicable legal authorities, and all matters of record, the Court concludes that the Motion should be...
MEMORANDUM OPINION AND ORDER SIM LAKE, District Judge. HRD Corporation d/b/a Marcus Oil & Chemical ("HRD") brings this action against Dr. Ebrahim Bagherzadeh seeking a declaratory judgment that Bagherzadeh is not entitled to be a named inventor on certain patents assigned to HRD. Pending before the court is Defendant's Motion to Dismiss (Docket Entry No. 7, H-11-cv-1108) pursuant to Federal Rule 12(b)(6). 1 For the reasons stated below, the court will deny Bagherzadeh's motion. I....
ORDER VANESSA D. GILMORE, District Judge. Pending before the court is Defendant's Motion to Dismiss (Instrument No. 75). I. A. KBR, Inc. ("KBR") contracted with the United States Government to provide noncombat, logistical support to and for the Logistics Civil Augmentation Program ("LOGCAP") of the United States Army Material Command in Iraq. (Instrument No. 82, at 6). LOGCAP is a United States Department of Defense program designed for peacetime planning and rebuilding Iraqi...
ORDER DAVID HITTNER, District Judge. Pending before the Court is Chubb Custom Insurance Company's Motion for Summary Judgment (Document No. 9). Having considered the motion, submissions, and applicable law, the Court determines the motion should be granted. I. BACKGROUND This case arises as the result of an insurance coverage dispute between Plaintiff Sterling Equities, Inc. ("Sterling") and Defendant Chubb Custom Insurance Company ("Chubb"). Chubb issued Sterling a commercial property...
AMENDED MEMORANDUM AND ORDER KEITH P. ELLISON, District Judge. THE MEMORANDUM AND ORDER DATED JANUARY 27, 2011 IS WITHDRAWN, AND THIS AMENDED MEMORANDUM AND ORDER IS SUBSTITUTED. This Amended Memorandum and Order is issued after the Court had the opportunity to review the parties' briefing and arguments regarding Plaintiffs Motion for Reconsideration (Doc. No. 101). Pending before the Court are Motions to Dismiss Plaintiffs Second Amended Complaint (Doc. No. 19) filed by Defendants the...
MEMORANDUM OPINION AND ORDER SIM LAKE, District Judge. Plaintiffs, Merle Davis and Donald Weilersbacher, on behalf of themselves and all others similarly situated, bring this action against Duncan Energy Partners L.P. (Duncan Energy), Duncan Energy's general partner DEP Holdings, LLC (DEP), Enterprise Products Partners L.P. (Enterprise), and members of Duncan Energy's Board of Directors (Duncan Energy Board) who manage and operate Duncan Energy (the Individual Defendants), 1 for violations...
MEMORANDUM AND ORDER KEITH P. ELLISON, District Judge. Pending before the Court is Defendants' Motion to Dismiss for Failure to State a Claim (Doc. No. 6). After considering the parties' arguments and the applicable law, the Court grants the motion in part and denies it in part. I. BACKGROUND 1 This case arises from events that occurred in Galveston, Texas in the aftermath of Hurricane Ike ("the hurricane") in September 2008. Plaintiff Kerry L. Thomas and his wife Lisa Weinberger (...
ORDER GRAY H. MILLER, District Judge. Before the court is plaintiff the Securities and Exchange Commission's ("SEC") motions for preliminary and permanent injunction, asset freeze, and appointment of a receiver. Dkts. 4, 6. After consideration of the motion, the response, the reply, the evidence presented at the hearing on this matter, and the applicable law, the motions are GRANTED. BACKGROUND This action was filed by the SEC on August 10, 2011. Dkt. 1. The SEC alleges securities fraud...
MEMORANDUM OPINION AND ORDER OF REMAND KENNETH M. HOYT, District Judge. I. INTRODUCTION Pending before the Court is plaintiff's, Centaurus Ashley, LP d/b/a Ashley Square Apartments (the "plaintiff"), Motion to Remand and Supplemental Motion to Remand (Dkt. Nos. 9 & 15). After having carefully examined the plaintiffs motions, the defendants' responses in opposition thereto, and the applicable law, the Court determines that the plaintiff's Motion to Remand should be GRANTED. The above-styled...
ORDER JANIS GRAHAM JACK, Senior District Judge. Pending before the Court are Plaintiff The Aransas Project's Motion for Partial Summary Judgment on Standing, (D.E. 213), State Official Defendants' Motion for Summary Judgment, (D.E. 214), and Defendant-Intervenor Guadalupe-Blanco River Authority's Motion for Summary Judgment, (D.E. 215). For the reasons stated herein, the Court concludes that these motions should be and are DENIED. I. Jurisdiction The Court has subject matter...
MEMORANDUM AND ORDER NANCY F. ATLAS, District Judge. TABLE OF CONTENTS I. BACKGROUND ....................................................................241 II. STANDARD FOR SUMMARY JUDGMENT .................................................242 III. DISCUSSION ....................................................................243 A. Choice of Law Analysis ....................................................243 1. Maritime Subject Matter ..................................................
OPINION AND ORDER GRANTING PRELIMINARY INJUNCTION MELINDA HARMON, District Judge. Pending before the Court in the above referenced cause for declaratory and injunctive relief is Plaintiffs Allied Home Mortgage Corporation ("Corp.") and James C. Hodge's ("Hodge's") motion for a temporary restraining order and expedited preliminary injunction (instrument # 2), seeking to enjoin the suspensions of Corp.'s approval to originate and underwrite FHA-insured mortgage loans and Hodge's right to...
MEMORANDUM AND ORDER KEITH P. ELLISON, District Judge. Pending before the Court is Defendants Connecticut General Life Insurance Company and CIGNA Healthcare's (collectively, "Defendants" or "CIGNA") Motion to Dismiss Plaintiffs' First Amended Complaint and to Strike Jury Demand. (Doc. No. 57.) After considering the parties' filings, all responses and replies thereto, and the applicable law, the Court finds that CIGNA's motion should be GRANTED in part and DENIED in part. I. BACKGROUND...
OPINION AND ORDER MICAELA ALVARE, District Judge. Pending before the Court is Defendants' motion to dismiss for lack of personal jurisdiction, improper process and service of process, Plaintiff's response, and Defendants' reply. 1 After considering the motion, response, reply, record and controlling authorities, the Court GRANTS Defendants' motion to dismiss for lack of personal jurisdiction. ADT Private Security Services de Mexico, S.A. de C.V. and Tyco International Limited are...
MEMORANDUM AND ORDER KEITH P. ELLISON, District Judge. Pending before the Court is Accenture's Rule 50(b) Renewed Motion for Judgment as a Matter of Law (Doc. No. 311) and Accenture's Motion for New Trial or Remittitur (Doc. No. 312). Upon considering the motions, all responses thereto, and the applicable law, the Court finds that the Rule 50(b) Renewed Motion for Judgment as a Matter of Law must be denied, and the Motion for New Trial or Remittitur must be granted in part and denied in part....
ORDER GRAY H. MILLER, District Judge. Pending before the court are (1) defendants Solvay America Inc. ("SAI") and Solvay North America LLC's ("SNA") motion to dismiss relators John King and Jane Doe's (collectively, "Relators") fourth amended complaint ("4AC") (Dkt. 121); and (2) defendant Abbott Products Inc.'s, which was formerly known as Solvay Pharmaceuticals Inc. ("SPI"), motion to dismiss Relators' 4AC (Dkt. 122). Having considered the motions and related documents, including the United...
