ORDER AND OPINION MELINDA HARMON , District Judge . Pending before the Court in the above-referenced cause is Defendants Crosby Dredging LLC (TX) and Crosby Dredging LLC (LA)'s ("Crosby Dredging") Motion to Dismiss Plaintiff's Claims under Louisiana State Law, Doc. 92, Defendant Mark Coyle's ("Coyle") Joinder to the Motion, Doc. 93, and Plaintiff Orion Marine Construction, Inc.'s ("Orion") Memorandum in Opposition to Motion, Doc. 111. After careful consideration of the filings, record,...
MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL B. JANICE ELLINGTON, Magistrate Judge. A detention hearing has been held in accordance with the Bail Reform Act, 18 U.S.C. 3142(f). The following requires detention of the defendant pending trial in this case: (1) There is probable cause to believe the defendant committed an offense for which a maximum term of imprisonment of ten years or more is prescribed in 21 U.S.C. 841(b)(1)(A); and (2) The defendant has not rebutted the...
MEMORANDUM, RECOMMENDATION, AND ORDER NANCY K. JOHNSON, District Judge. Pending before the court 1 are Garnishees Sonangol International Procurement Inc. ("SIPI"), Sonangol Offshore Services Company ("SOSC"), Sonangol Gas Natural Company ("SGNC"), Sonangol Hidrocarbonetos USA Ltd. ("SHUSAL"), Sonangol Marine Services Inc. ("SMSI"), Sonangol U.S.A. Company ("SUSAC"), and Stena Sonangol's ("SS") (collectively "Garnishees") Motion to Vacate Order Directing Issuance of Maritime Attachment and...
MEMORANDUM AND RECOMMENDATION NANCY K. JOHNSON, District Judge. Pending before the court 1 is Defendant's Motion for Summary Judgment (Doc. 10). Defendant's motion is deemed unopposed because the submission date has passed and Plaintiff has not filed a response. 2 The court has considered the motion, the administrative record, and the applicable law. For the reasons set forth below, the court RECOMMENDS that Defendant's motion be GRANTED. I. Case Background Plaintiff filed this...
SUMMARY JUDGMENT OPINION AND ORDER STEPHEN WM. SMITH, Magistrate Judge. Plaintiff Laura Porter filed this case under the Social Security Act, 42 U.S.C. 405(g) and 1383(c)(3), for review of the Commissioner's final decision denying her request for disability insurance benefits. Both Porter and the Commissioner moved for summary judgment. (Dkts. 10, 11). The Commissioner's motion is granted, Porter's motion is denied, and final judgment will be entered affirming the Commissioner's final...
MEMORANDUM OPINION AND ORDER KEITH R. ELLISON, District Judge. State inmate McKinley Bell, proceeding pro se, filed a section 2254 habeas petition challenging his conviction and sentence for aggravated robbery with a deadly weapon. Respondent filed a motion for summary judgment (Docket Entry No.8), to which petitioner filed a response (Docket Entry No.9). Based on consideration of the motion, the record, and the applicable law, the Court GRANTS respondent's motion for summary judgment...
MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL B. JANICE ELLINGTON, Magistrate Judge. A detention hearing has been held in accordance with the Bail Reform Act, 18 U.S.C. 3142(f). The following requires detention of the defendant pending trial in this case: (1) There is probable cause to believe the defendant committed an offense for which a maximum term of imprisonment of ten years or more is prescribed in 21 U.S.C. 841(b)(1)(A); and (2) The defendant has not rebutted the...
MEMORANDUM AND ORDER NANCY F. ATLAS, District Judge. This Americans with Disabilities Act, as amended ("ADA") and Rehabilitation Act ("RA") case is before the Court on cross-motions for summary judgment. These motions are ripe for review. 1 After carefully reviewing the parties' briefing, all matters of record, and the applicable legal authorities, the Court concludes that the parties' fact-intensive arguments present genuine issues of material fact on each essential elements of Plaintiff's...
OPINION AND ORDER JOHN R. FROESCHNER, Magistrate Judge. Before the Court is the Motion for Summary Judgment of Defendants, Archie Chapman and Clemente Garcia, III; the Motion seeks the dismissal of the last remaining claims of Plaintiff, Thomas Florence. Also before the Court are Florence's "Motion for Summary Judgment" and "Cross Motion for Summary Judgment." Accordingly, the Court now issues this Opinion and Order. RELEVANT FACTS On March 27, 2010, under the belief that an active...
OPINION AND ORDER OF TRANSFER MELINDA HARMON, District Judge. The above referenced cause, removed from Texas state court on diversity jurisdiction 1 and alleging breach of contract and breach of covenant of good faith and fair dealing, 2 and seeking damages and declaratory relief, is a dispute between movie producers over payment rights to a Hollywood horror movie, "The Conjuring," which was filmed in North Carolina. Pending before the Court is Defendants The Safran Company and Peter...
MEMORANDUM AND ORDER NANCY F. ATLAS, District Judge. This insurance case is before the Court on the Motion to Remand [Doc. # 9] filed by Plaintiff Mohammed Alzi d/b/a XM Computers Inc., to which Defendant National Fire Insurance Company of Hartford ("National") filed a Response [Doc. # 10]. Plaintiff neither filed a reply nor requested an extension of time to do so. Having considered the full record and relevant legal authorities, the Court concludes that Gallant was improperly joined and,...
ORDER ADOPTING RECOMMENDATION OF THE MAGISTRATE JUDGE EWING WERLEIN, Jr., District Judge. Pending is Respondent's Motion for Summary Judgment (Document No. 16) against Petitioner's federal Application for Writ of Habeas Corpus (Document No.1). The Court has received from the Magistrate Judge a Memorandum and Recommendation recommending that Respondent's Motion for Summary Judgment (Document No. 16) be GRANTED and that Petitioner's Application for Writ of Habeas Corpus (Document No.1) be...
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION NELVA GONZALES RAMOS, District Judge. On October 31, 2014, United States Magistrate Judge B. Janice Ellington issued her "Memorandum and Recommendation" (D.E. 23). The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge's Memorandum and Recommendation. FED. R. CIV. P. 72(b); 28 U.S.C. 636(b)(1); General Order No. 2002-13. No objections have been filed. When no timely objection to a magistrate judge's...
MEMORANDUM AND ORDER Marina Garcia Marmolejo , United States District Judge . On May 29, 2013, Plaintiff Yvette Garcia filed the instant action against her former employer Defendant Penske Logistics, LLC ("Penske"), alleging that Penske terminated her because of her sex (female) in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"); age (43) in violation of the Age Discrimination in Employment Act ("ADEA"); disability (chronic obstructive pulmonary disease) in...
OPINION AND ORDER OF TRANSFER MELINDA HARMON , District Judge . The above referenced cause, removed from Texas state court on diversity jurisdiction 1 and alleging breach of contract and breach of covenant of good faith and fair dealing, 2 and seeking damages and declaratory relief, is a dispute between movie producers over payment rights to a Hollywood horror movie, "The Conjuring," which was filmed in North Carolina. Pending before the Court is Defendants The Safran Company and...
ORDER LEE H. ROSENTHAL, District Judge. Defendant Jesse Charles Saucedo filed a motion for continuance, (Docket Entry No. 104). The co defendants and government are unopposed to the motion. The court finds that the interests of justice are served by granting this continuance and that those interests outweigh the interests of the public and the defendants in a speedy trial. The motion for continuance is GRANTED. The docket control order is amended as follows: Motions are to be filed by:...
MEMORANDUM OPINION AND ORDER SIM LAKE, District Judge. On July 13, 1980, a gunman shot four people in a bowling alley during a robbery. One of the victims survived. A few weeks later, Max Alexander Soffar gave the police various statements admitting to different degrees of involvement in the crime. In the past thirty-four years Soffar has twice been convicted of capital murder, has twice been sentenced to death, and has availed himself of state and federal review. Soffar has now filed a...
MEMORANDUM OPINION AND ORDER 1 KENNETH M. HOYT , District Judge . I. INTRODUCTION Before the Court is the defendant's, the City of Houston, Texas ("the City"), motion for summary judgment (Dkt. No. 39), and the plaintiff's, the Houston Professional Towing Association ("HPTA"), response (Dkt. No. 49). In advance of the City's motion, the parties filed an Agreed Stipulation of Facts (Dkt. No. 7) that HPTA disputes. The Court conducted a hearing on the matter and the parties have since...
MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL JASON B. LIBBY, Magistrate Judge. A detention hearing has been held in accordance with the Bail Reform Act, 18 U.S.C. 3142(f). The following requires detention of the defendant pending trial in this case: (1) There is a serious risk that the defendant will not appear; and (2) There is a serious risk that the defendant will endanger the safety of another person or the community. The evidence against the defendant meets the probable...
MEMORANDUM OPINION AND ORDER OF DETENTION PENDING TRIAL JASON B. LIBBY, Magistrate Judge. A detention hearing has been held in accordance with the Bail Reform Act, 18 U.S.C. 3142(f). The following requires detention of the defendant pending trial in this case: (1) There is a serious risk that the defendant will not appear; and (2) There is a serious risk that the defendant will endanger the safety of another person or the community. The evidence against the defendant meets the probable...
