MEMORANDUM AND RECOMMENDATION GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT FRANCES H. STACY , Magistrate Judge . Pending in this case that has been referred to the Magistrate Judge is Defendant's Motion for Summary Judgment (Document No. 21). Having considered the motion, the response in opposition, the summary judgment evidence and objections thereto, Defendant's Reply, the applicable law, and the prior lawsuit between Plaintiff and Defendant, Civil Action No. H-13-2708, the...
MEMORANDUM AND RECOMMENDATION ANDREW M. EDISON , Magistrate Judge . There are currently two pending motions: (1) Stuart Dean Co., Inc.'s Rule 12(b)(6) Motion to Dismiss ("Stuart Dean's Motion to Dismiss") (Dkt. 18); and (2) Stuart Dean Co., Inc.'s Motion to Strike Plaintiff's Response and Evidence Filed Therewith and Reply to Plaintiff's Response to Stuart Dean's Rule 12(b)(6) Motion to Dismiss ("Motion to Strike") (Dkt. 22). These motions have been referred to this Court by United States...
MEMORANDUM AND RECOMMENDATION FRANCES H. STACY , Magistrate Judge . Pending in this case that has now been referred to the undersigned Magistrate Judge for all pretrial proceedings is Defendant's Motion for Summary Judgment (Document No. 17). Having considered that motion, the response in opposition, Defendant's reply, the summary judgment evidence, and the applicable law, the Magistrate Judge RECOMMENDS, for the reasons set forth below, that Defendant's Motions for Summary Judgment (...
MEMORANDUM AND RECOMMENDATION ANDREW M. EDISON , Magistrate Judge . Pending before the Court is Defendant Kawneer Company, Inc.'s Motion to Dismiss Pursuant to FRCP 12(b)(6), and Brief in Support Thereof ("Kawneer's Motion to Dismiss"). Dkt. 17. Kawneer's Motion to Dismiss was referred to this Court by United States District Court Judge George C. Hanks, Jr. for report and recommendation. Dkt. 26. For the reasons stated below, the Court RECOMMENDS that Kawneer's Motion to Dismiss be...
MEMORANDUM AND RECOMMENDATION FRANCES H. STACY , Magistrate Judge . Before the Magistrate Judge, upon referral from the District Judge, is Plaintiff's Motion for Partial Summary Judgment on Liability (Document No. 37). Having considered the Motion, and the applicable law, the Magistrate Judge RECOMMENDS, for the reasons set forth below, that Plaintiff's Motion for Partial Summary Judgment be GRANTED. I. Background On August 17, 2017, Plaintiff Victor Garcia ("Garcia" or "Plaintiff"), on...
Memorandum and Recommendation PETER BRAY , Magistrate Judge . Jimmy Joseph Newell has filed a petition for writ of habeas corpus under 28 U.S.C. 2254 challenging his conviction and five-year prison sentence imposed in the 54th District Court of McLennan County, Texas. (D.E. 1.) Mr. Newell is housed in Huntsville, Texas. Under 28 U.S.C. 2241(d), when a petition for writ of habeas corpus is filed in a state with two or more federal judicial districts, venue is proper in either the...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION IGNACIO TORTEYA, III , Magistrate Judge . For the reasons provided below, it is recommended that the Court DISMISS this civil action, without prejudice. I. Discussion Plaintiff Agustin Acosta-Martinez filed his "Complaint for Declaratory Relief and for Hearing on Claim of United States Citizenship" on April 16, 2018. Dkt. No. 1. On August 30, 2018, the Court issued an Order to Show Cause, noting that Plaintiff had failed to timely serve...
MEMORANDUM AND RECOMMENDATION CHRISTINA A. BRYAN , Magistrate Judge . This case is before the court on Defendant United States of America's Motion to Dismiss, or for Summary Judgment. 1 Dkt. 42. Plaintiff did not file a timely response. See LOC. R. S. D. TEX. 7.4. Having considered the motion and the law, the court recommends that the motion be granted and this case be dismissed without prejudice. BACKGROUND Plaintiff sued the United States of America and corrections officer...
MEMORANDUM OPINION & ORDER NELVA GONZALES RAMOS , District Judge . Defendant/Movant Michael Rene Hernandez filed a motion pursuant to Federal Rule of Civil Procedure 60(b), which the Court recharacterized as a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. D.E. 221, D.E. 222. 1 Pending before the Court is the United States' Motion for Summary Judgment (D.E. 232), wherein the Government moves the Court to dismiss Movant's motion as untimely. I....
ORDER NANCY F. ATLAS , District Judge . Pending before the Court is Defendant's Motion for Leave for Filing First Amended Answer ("Motion") [Doc. # 15]. It is hereby ORDERED that the Motion is DENIED without prejudice for failure to include a certificate of conference. See Hon. Nancy F. Atlas, Court Procedures and Forms, Rule 7(A)(2) ("Every non-dispositive motion must contain a certificate of conference. Failure to comply may result in the party's motion being denied or stricken.").
Final Judgment LYNN N. HUGHES , District Judge . Christina Gaskins takes nothing from Harold U. Johnson, Jr.; Charles L. Walker, III; the city of Bridgeton; the state of New Jersey; the Harris County Sheriff's Office; Christine Lewis; Jamilla Bluford; and Klein Independent School District.
ORDER APPROVING SETTLEMENT AND FINAL JUDGMENT DISMISSING CLAIMS WITH PREJUDICE JURY DEMANDED NANCY F. ATLAS , District Judge . Came on this day for consideration the Parties' Joint Motion For Order Approving Settlement and Entry of Final Judgment Dismissing Lawsuit With Prejudice in connection with the above-referenced case (the "Joint Motion"). After due consideration, this Court is of the opinion that the Joint Motion should be in all things GRANTED. The Court finds that the...
JURY TRIAL DEMANDED ORDER GRANTING UNOPPOSED MOTION TO EXTEND DEADLINES FOR UPCOMING BRIEFING ON PLAINTIFF'S MOTION TO DISMISS DEFENDANTS' FIRST COUNTERCLAIM (ATTEMPTED MONOPOLIZATION AND MONOPOLIZATION), SECOND COUNTERCLAIM (UNFAIR COMPETITION), AND STRIKE DEFENDANT'S EIGHTH AFFIRMATIVE DEFENSE (UNENFORCEABILITY) NANCY F. ATLAS , District Judge . The Court having considered the unopposed motion to extend and finding it meritorious hereby ORDERS: 1. The Defendants' deadline for...
ORDER ACCEPTING GUILTY PLEA NELVA GONZALES RAMOS , District Judge . Now before the Court is the Findings and Recommendation of the United States Magistrate Judge Jason B. Libby containing his recommendation (1) that this Court adopt his findings that the Defendant's guilty plea in the above-styled and numbered cause was knowingly and voluntarily entered, with a full understanding of the consequences of the plea and the constitutional rights being waived, and that the plea was supported by...
MEMORANDUM AND RECOMMENDATION NANCY K. JOHNSON , Magistrate Judge . Pending before the court 1 is Plaintiff's Motion for Leave to File First Amended Complaint and Motion to Remand (Doc. 10) and the responses filed thereto. For the reasons stated below, it is RECOMMENDED that the motion be GRANTED and that this action be REMANDED to the 127 th Judicial District Court, Harris County, Texas. I. Case Background A. Factual Background On February 16, 2016, Plaintiff returned his...
REPORT & RECOMMENDATION JUAN F. ALANIS , Magistrate Judge . Petitioner Jason Harris, a state prisoner proceeding pro se, filed a writ of habeas corpus pursuant to 28 U.S.C. 2254. (Dkt. No. 1.) Petitioner failed to pay the $5 filing fee required to proceed with a civil action at the time he filed his motion, and he thereafter failed to comply with orders directing him either to pay the filing fee or submit a properly-supported request to proceed in forma pauperis. For the reasons that...
REPORT & RECOMMENDATION JUAN F. ALANIS , Magistrate Judge . Petitioner, Mr. Kirkland Jumah Jacobs, a state prisoner proceeding pro se, filed a writ of habeas corpus pursuant to 28 U.S.C. 2254. (Dkt. No. 1.) This case was referred to the undersigned magistrate judge for report and recommendation pursuant to 28 U.S.C. 636(b). On November 2, 2018, Respondent filed a motion for summary judgment in response to Petitioner's writ. (Dkt. No. 4.) After a careful review of the record and...
ORDER GRANTING UNOPPOSED MOTION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT ALFRED H. BENNETT , District Judge . ORDER Having considered Defendants' Unopposed Motion to Extend Deadline to Respond to the Complaint, the Court hereby GRANTS the Motion. The Court ORDERS that the deadline for Manufacturer Defendants Purdue Pharma, L.P.; Purdue Pharma, Inc.; The Purdue Frederick Company; Endo Health Solutions Inc.; Endo Pharmaceuticals Inc.; Johnson & Johnson; Janssen Pharmaceuticals, Inc.;...
ORDER ALFRED H. BENNETT , District Judge . Korey Lewillie Magee, a Texas state inmate, has filed a petition under 28 U.S.C. 2254, seeking a federal writ of habeas corpus to challenge a state-court conviction for capital murder. The respondent requests an extension of time, up to and including January 31, 2019, in which to file an answer or other appropriate responsive pleading. It is ORDERED that the motion for an extension of time, (Docket Entry No. 8), is GRANTED.
ORDER GRANTING DEFENDANT STOCKSTILL EXPEDITED, INC.'S AMENDED UNOPPOSED MOTION FOR LEAVE TO FILE ITS FIRST AMENDED ANSWER TO PLAINTIFF'S ORIGINAL PETITION ALFRED H. BENNETT , District Judge . After considering Defendant Stockstill's Motion for Leave to File a first Amended Answer to Plaintiff's Original Petition, the Court finds that the Motion should be, and is hereby, GRANTED. It is HEREBY ORDERED that Defendant Stockstill is granted leave to file its First Amended Answer to Plaintiff's...
