OPINION AND ORDER MICAELA ALVAREZ, District Judge. Pending before the Court is Defendant Edcouch-Elsa I.S.D.'s ("EEISD") motion to dismiss. 1 After considering the motion, response, 2 reply, 3 and supplemental response, 4 record, and relevant authorities, the Court GRANTS the motion to dismiss Nationwide Public Insurance Adjusters, Inc.'s ("Nationwide") claims to the extent stated below. But, with one exception, this dismissal does not apply to the counterclaims originally...
MEMORANDUM AND ORDER KEITH P. ELLISON, District Judge. Pending before the Court are Defendant Mark A. Jackson's ("Jackson") Motion to Dismiss the Complaint Under Rule 12(b)(6) for Failure to State a Claim Upon Which Relief Can Be Granted (Doc. No. 35), and Defendant James J. Ruehlen's ("Ruehlen") Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim (Doc. No. 36). After considering the parties' filings, all responses and replies thereto, and the applicable law, the Court...
MEMORANDUM & ORDER KEITH P. ELLISON, District Judge. Upon full consideration of Defendants' Motion to Dismiss for Lack of Subject-Matter Jurisdiction, the response and reply, and the applicable law, the Court finds Defendants' Motion must be GRANTED. I. FACTS Between June 26, 2008 and November 25, 2008, XenaCare Holdings, Inc. ("XenaCare"), a company specializing in the marketing and retail distribution of consumer healthcare products, allegedly borrowed from Sun Packing, Inc. ("Sun...
MEMORANDUM AND ORDER KEITH P. ELLISON, District Judge. Pending before the Court are the following motions: — Frank's Casing Crew & Rental Tools, Inc.'s ("Frank's") Motion for Attorney's Fees for Post-Trial Discovery and New Trial (if Granted) (Doc. No. 633); — Frank's Post-Trial Motion for Summary Judgment on Obviousness Based Upon Tesco Prior Art Brochures (Doc. No. 713); — National Oilwell Varco, L.P. ("NOV") and Offshore Energy Services, Inc.'s ("OES") Motion for Summary Judgment of...
MEMORANDUM OPINION AND ORDER SIM LAKE, District Judge. Plaintiff brings this action against defendants, M/T Georgios M., her engines, tackle, etc., in rem ("the Vessel"); STYGA Compania Naviera S.A. ("STYGA"), Helford Marine Inc. ("Helford"), Kyriakos Mamidakis, Emmanuel A. Mamidakis, Nikolaos A. Mamidakis, Alexandros N. Mamidakis (collectively, "the Mamidakis Defendants"), and Alexandros G. Prokopakis, for violation of the Act to Prevent Pollution from Ships ("APPS"), 33 U.S.C. 1910,...
MEMORANDUM OPINION AND ORDER SIM LAKE, District Judge. Plaintiff, Katie Gerdin, brings this action against defendants, CEVA Freight, L.L.C, and CEVA Logistics U.S., Inc. (CEVA), for employment discrimination based on gender and pregnancy in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq. (Title VII), and Chapter 21 of the Texas Labor Code, and for violation of the Family and Medical Leave Act, 29 U.S.C. 2601 et seq. (FMLA). Pending before...
MEMORANDUM OPINION & ORDER JOHN D. RAINEY, Senior District Judge. Pending before the Court is the Motion of the United States ("the Government") to Empanel a Sentencing Jury Pursuant to FED. R. CRIM. P. 23 and 18 U.S.C. 3571(d) (Dkt. No. 822), to which Defendants CITGO Petroleum Corporation and CITGO Refining and Chemicals Company, L.P. (collectively "CITGO" or the "CITGO entities") have responded (Dkt. No. 827) and the Government has replied (Dkt. No. 830). The Community Members, as crime...
MEMORANDUM AND ORDER LEE H. ROSENTHAL, District Judge. The plaintiffs, Timothy Heeg and Kristin Semon, have moved for conditional class certification and for issuance of notice to potential opt-in class members. (Docket Entry No. 20). The plaintiffs' proposed class includes "all hourly workers that Adams Harris paid at `straight time' rates for hours worked in excess of forty in a workweek in the past 3 years." ( Id., Ex. 6). Adams Harris's arguments in opposition include that the plaintiffs...
MEMORANDUM AND ORDER LEE H. ROSENTHAL, District Judge. Terri King sued her former employer, The University of Texas Health Science Center-Houston (UTHSCH), alleging violations of the federal False Claims Act (FCA), 31 U.S.C. 3729-3733. King alleged that UTHSCH defrauded the federal government by, among other things, covering up misconduct by one of its professors who received federal research grants. (Docket Entry No. 48, 55-60). King also alleged that UTHSCH retaliated against her for...
MEMORANDUM OPINION AND ORDER ON THE FEE APPLICATION OF BAKER BOTTS, L.L.P ANDREW S. HANEN, District Judge. The primary issue in this case presents the Court with a somewhat unusual, but, in substance, a very simple question. Its answer is not nearly so simple. The answer is complex in legal terms and has competing equitable arguments that make this Court's ruling somewhat harsh or conversely somewhat generous depending on one's point-of-view. The primary question before the Court is: Should...
MEMORANDUM OPINION & ORDER GRAY H. MILLER, District Judge. Pending before the court are the following: (1) Charles P. Cowin's ("Cowin") motion for summary judgment (Dkt. 173); (2) BAC Home Loans Servicing, LP's ("BAC" or "plaintiff") motion for partial summary judgment (Dkt. 174); (3) G.P. Matherne's ("Matherne") motion for partial summary judgment (Dkt. 177); (4) Susan Shen ("Shen") and Annie Lee's ("Lee") motion for partial summary judgment (Dkt. 180); & (5) Nancy Groves's motion for...
MEMORANDUM AND ORDER KEITH P. ELLISON, District Judge. Pending before the Court are the following motions: Filed by Plaintiff Tesco Corporation ("Tesco" or "Plaintiff"): — Motion for Entry of Judgment on the Verdict as a Matter of Law, or Alternatively, Motion for Summary Judgment (Doc. No. 711) Filed by Defendant Frank's Casing Crew & Rental Tools, Inc. ("Frank's"): — Sealed Motion for Attorney's Fees for Post-Trial Discovery and New Trial (if Granted) (Doc. No. 633); — Post-Trial...
ORDER GRAY H. MILLER, District Judge. Pending before the court is (1) a motion to dismiss defendant Survival Systems International, Inc.'s ("SSI") counterclaims filed by plaintiff Diamond Offshore Company ("Diamond") (Dkt.47); and (2) a motion for summary judgment filed by SSI (Dkt.58). Having considered the motions, responses, replies, and applicable law, the court is of the opinion that Diamond's motion to dismiss should be GRANTED IN PART AND DENIED IN PART and SSI's motion for summary...
MEMORANDUM AND OPINION LEE H. ROSENTHAL, District Judge. This suit arises out of terrorist attacks in Israel between 2000 and 2002. The plaintiffs are Americans injured in the attacks and their relatives. The defendants are companies and individuals involved in the oil and gas business. The plaintiffs allege that these defendants used the United Nations Oil-for-Food Program to purchase oil from Iraq with payments that included illegal kickbacks to a secret bank account controlled by Saddam...
OPINION NANCY F. ATLAS, District Judge. TABLE OF CONTENTS I. Findings of Fact ..........................................................588 A. Parties and Background ................................................588 B. Bidding and Sale Process ..............................................590 C. SHMB604 Compressors and Packaging into the M60 Model ..................590 D. Features of the Parties' Contracts ....................................592 E. Procedural History .............
MEMORANDUM AND ORDER KEITH P. ELLISON, District Judge. Before the Court is Defendant's Motion to Dismiss ("Motion"). (Doc. No. 68.) After considering the Motion, all responses and replies thereto, and the applicable law, the Court concludes that the Motion should be GRANTED in part and DENIED in part. I. Background Plaintiff Karen McPeters is a Montgomery County civil litigant who challenges the electronic filing ("e-filing") charges imposed by Defendant on litigants in Texas state...
MEMORANDUM OPINION AND ORDER JOHN D. RAINEY, Senior District Judge. Bradley Koenning ("Koenning"), Brian Martin ("Martin"), and Morgan Ryals ("Ryals") (collectively "Plaintiffs") are three disabled young adults who allege that they require custom power wheelchairs with integrated standing features ("mobile standers") to meet their medical, functional, and mobility needs. Defendant Thomas Suehs, Executive Commissioner of the Texas Health and Human Services Commission, (hereinafter "THHSC"), 1...
MEMORANDUM OPINION AND ORDER SIM LAKE, District Judge. Defendants Bank of America, N.A. ("BANA") and Federal Home Loan Mortgage Corporation ("Freddie Mac") (collectively, "Defendants") removed this action from the 190th Judicial District Court of Harris County, Texas, where it was filed under Cause No. 2012-29812. Pending before the court is Plaintiff Melvina S. Goffney's ("Goffney") Motion to Remand Cause of Action Based on Lack of Subject Matter Jurisdiction ("Goffney's Motion to Remand") (...
MEMORANDUM OPINION & ORDER JOHN D. RAINEY, Senior District Judge. Pending before the Court is the Motion of Community Members to be Declared Victims under the Crime Victim[s'] Rights Act (Dkt. No. 776) and Motion of Additional Community Member 1 to be Declared Victim under the Crime Victim[s'] Rights Act (Dkt. No. 812), to which Defendants CITGO Petroleum Corporation and CITGO Refining and Chemicals Company, L.P.'s (collectively "CITGO") have responded (Dkt. Nos. 780, 811) 2 and the...
OPINION AND ORDER MELINDA HARMON, District Judge. Pending before the Court is Defendant Ohio Casualty Insurance Company's 1 ("Ohio") motion for summary judgment. Doc. 17. Defendant moves for summary judgment of Plaintiffs', Mag-Dolphus, Inc.'s, and its owners, Gerald and Jan Maggard's, claims on the grounds that Plaintiffs' invocation of the appraisal provision in the insurance contract ("the Policy") and Defendant's prompt compliance with the appraisal provision preclude Plaintiffs' claims...
