MEMORANDUM AND RECOMMENDATION JASON B. LIBBY , Magistrate Judge . This case, filed on March 16, 2017, concerns whether Plaintiffs were improperly denied overtime compensation under the Fair Labor Standards Act ("FLSA"). 1 Pending is Defendant M-I, LLC's ("Defendant" or "M-I") Motion to Dismiss and four Motions for Summary Judgment. (D.E. 157, D.E. 158, D.E. 159, D.E. 161and D.E. 164). 2 For the following reasons, the undersigned recommends Defendant's Motion to Dismiss (D.E. 157) and...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION IGNACIO TORTEYA, III , Magistrate Judge . The Court is in receipt of the "Opposed Rule 12(B)(6) Motion to Dismiss" (hereinafter, "Motion to Dismiss") filed by Defendant Wal-Mart Stores Texas, LLC (hereinafter, "Wal-Mart"). Dkt. No. 5. Pro se Plaintiff Yolanda D. Shoffeitt has also filed a Motion to Remand. Dkt. No. 15. For the reasons provided below, it is recommended that the Court: (1) DENY Plaintiff's Motion to Remand; (2) GRANT Wal-Mart'...
MEMORANDUM AND RECOMMENDATION NANCY K. JOHNSON , Magistrate Judge . Pending before the court 1 are Defendant's Motion for Summary Judgment (Doc. 7) and Plaintiffs' Motion for Summary Judgment (Doc. 12). The court has considered the motions, the responses, all other relevant filings, and the applicable law. For the reasons set forth below, the court RECOMMENDS that Defendant's motion be GRANTED and Plaintiffs' motion be DENIED. I. Case Background Plaintiffs filed this lawsuit...
MEMORANDUM AND RECOMMENDATION CHRISTINA A. BRYAN , Magistrate Judge . Defendant C Lugrand-Dawkins Enterprises LLC removed this case to federal court from the 152nd Judicial District for Harris County, Texas on November 1, 2019. 1 Dkt. 1. Plaintiffs filed an Expedited Motion to Remand on November 7, 2019. Dkt. 3. On December 2, 2019, Defendant C Lugrand-Dawkins Enterprises LLC filed a Suggestion of Bankruptcy. Dkt. 5. The District Court stayed and administratively closed this case as to...
MEMORANDUM AND RECOMMENDATION FRANCES H. STACY , Magistrate Judge . Before the Magistrate Judge in this case that has been referred for all pretrial proceedings is Defendant, Landry's Inc. d/b/a The Post Oak Hotel's Motion to Dismiss Pursuant to F.R.C.P. 12(b)(1) for Lack of Article III Standing/Subject Matter Jurisdiction and F.R.C.P. 12(b)(6) for Failure to State a Claim upon Which Relief Can Be Granted (Document No. 8). Having considered that motion, the response in opposition (...
MEMORANDUM OPINION AND ORDER GRAY H. MILLER , Senior District Judge . Pending before this court is Plaintiff Antonio Diaz's motion to remand (Dkt. 4) and Defendant GeoVera Specialty Insurance Company's response (Dkt. 6). Plaintiff did not file a reply to Defendant's response. Having considered the motion, response, and applicable law, the court finds that Plaintiff's motion should be DENIED. I. BACKGROUND Plaintiff sued Defendant on August 22, 2019, in the 80th Judicial District Court...
MEMORANDUM OPINION AND ORDER GRAY H. MILLER , Senior District Judge . Pending before this court is Plaintiff Eric Bowers's ("Bowers") motion to consolidate (Dkt. 8), Defendant BackChina, LLC's ("BackChina") response (Dkt. 9), and Bowers's late-filed reply to BackChina's response. 1 "District courts enjoy substantial discretion in deciding whether and to what extent to consolidate cases." Hall v. Hall, 138 S.Ct. 1118 , 1131, 200 L.Ed. 2d 399 (2018). See also Frazier v. Garrison I.S.D.,...
MEMORANDUM OPINION & ORDER GRAY H. MILLER , Senior District Judge . Pending before the court is plaintiff Ranch 620 Retail Partners, Ltd.'s ("Ranch 620") motion for summary judgment (Dkt. 3), defendants Richard Sodja and Molly Sodja's ("the Sodjas") response (Dkt. 8), Ranch 620's sealed reply (Dkt. 10), and the Sodjas' sur-reply (Dkt. 15). Ranch 620 seeks summary judgment on its sole claim against the Sodjas for breach of contract, in addition to judgment for a sum certain of "$1,195,126....
ORDER ON PENDING MOTIONS B. JANICE ELLINGTON , Magistrate Judge . Plaintiff Raul Gonzalez, proceeding pro se and in forma pauperis, is an inmate incarcerated at the Stiles Unit of the Texas Department of Criminal Justice, Criminal Institutions Division ("TDCJ") in Beeville, Texas. Pending before the Court are Plaintiff's Motion to Proceed In Forma Pauperis (IFP) (D.E. 64-1), Motions to Amend Complaint (D.E. 53, 64-2), and Motions for Appointment of Counsel (D.E. 59, 64-3). I....
MEMORANDUM OPINION AND ORDER SIM LAKE , Senior District Judge . Lee Anthony Johnson (TDCJ #290961) has filed a Petition for a Writ of Habeas Corpus by a Person in State Custody ("Petition") (Docket Entry No. 1), challenging an adverse decision by officials with the Texas Board of Pardons and Paroles ("Parole Board"). He has also filed a Motion for Memorandum of Law in support of his claims ("Petitioner's Memorandum") (Docket Entry No. 11). Now pending is Respondent's Motion for Summary...
MEMORANDUM AND ORDER ANDREW S. HANEN , District Judge . Petitioner, Michael Anthony Evans (TDCJ #00497500), is a state inmate incarcerated in the Texas Department of Criminal Justice — Correctional Institutions Division ("TDCJ"). Evans filed this petition for a writ of habeas corpus under 28 U.S.C. 2254 to challenge the calculation of his sentence, contending that his flat time served, together with his work time credits, exceed his 40-year sentence for murder. Respondent has filed a...
ORDER DIANA SONG QUIROGA , Magistrate Judge . Upon consideration of Plaintiff's Unopposed Motion for an Extension of Time to File Plaintiff's Opening Brief on or before January 21, 2020, (Dkt. No. 13), it is hereby ORDERED that Plaintiff's Motion is GRANTED. Plaintiff shall file an Opening Brief no later than January 21, 2020. It is further ORDERED that Defendant shall file a response no later than 45 days of being served with Plaintiff's Brief. Plaintiff may file a reply 15 days after...
ORDER DIANA SONG QUIROGA , Magistrate Judge . Before the Court is Plaintiff's advisory that the parties agreed to extend Plaintiff's deadline to respond to Defendant's Motion for Summary Judgment. (Dkt. No. 35). The original deadline is December 30, 2019. The parties agreed to extend the deadline to January 10, 2020. Id. The Court may extend motion deadlines for good cause under FED. R. CIV. P. 6(b). Because the parties have agreed to the extension, the extension is GRANTED. It is...
MEMORANDUM AND ORDER * LEE H. ROSENTHAL , Chief District Judge . The defendant, Brake Check (the trade name of Pevator Companies), asks the court to decertify a conditionally certified collective action for unpaid overtime wages under the Fair Labor Standards Act, 29 U.S.C. 216(b). (Docket Entry No. 92). James Radford, a Brake Check Service Manager, sued on behalf of himself and other Service Managers, alleging that Brake Check improperly classified them as exempt from the Act's...
Opinion on Partial Summary Judgment LYNN N. HUGHES , District Judge . HEB Grocery Company, LP, sued Todd Meagher, Irene Meagher, and MyStore Inc. for infringing its trademark. Irene Meagher owns the corporation, MyStore Inc. Todd Meagher says that HEB has bullied him and maliciously prosecuted this case; therefore the court should cancel its trademarks. Irene Meagher and MyStore Inc. made the same counterclaims, but abandoned them. No facts support these counterclaims. The United States...
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION VANESSA D. GILMORE , District Judge . The Court has reviewed the Memorandum and Recommendation (Instrument No. 125) signed by Magistrate Judge Christina Bryan on November 13, 2019 regarding Instrument 105. Defendants timely filed objections. The Court has reviewed the Memorandum and Recommendation and objections and made a de novo review of the Magistrate Judge's recommended dispositions to which objections were raised,...
MEMORANDUM AND ORDER GRANTING MOTION TO TRANSFER VENUE CHARLES ESKRIDGE , District Judge . Before the Court is a motion filed by Defendant Alicia Knox to transfer venue to the Corpus Christi Division. Dkt 10. Upon consideration, the Court grants the motion. 1. Background Plaintiffs Total Safety US Inc and Total Safety On-Site Services Inc (together, Total Safety) provide integrated industrial safety services to the petrochemical refining, pipeline, and industrial sectors. Both Total...
MEMORANDUM AND ORDER DENYING MOTION TO DISSOLVE PRELIMINARY INJUNCTION CHARLES ESKRIDGE , District Judge . Before the Court is a motion filed by Defendant Alicia Knox to dissolve the agreed preliminary injunction. Dkt 26. Upon consideration, the Court denies the motion. 1. Background This case concerns alleged misappropriation of confidential business information and trade secrets. Plaintiffs Total Safety US Inc and Total Safety Onsite Services Inc (together, Total Safety) assert that...
MEMORANDUM AND ORDER MARINA GARCIA MARMOLEJO , District Judge . Before the Court is Defendant's Motion to Suppress, which challenges "the detention, search and seizure of the Defendant's vehicle, its occupants, the Defendant and co-Defendant" (Dkt. No. 53). The Court held an evidentiary hearing on October 31, 2019. At that hearing, the Government introduced a recording of a 911 call and offered the testimony of Lieutenant Fernando Hernandez, Jr., Investigator Ramon Arambula, and...
MEMORANDUM OPINION AND ORDER SIM LAKE , Senior District Judge . Plaintiff Omar Hernandez Jimenez ("Plaintiff") sued Defendant Geovera Specialty Insurance Company ("Defendant") in the 215th District Court of Harris County, Texas. 1 Defendant timely removed based on diversity jurisdiction. 2 Pending before the court is Plaintiff's Motion to Remand (Docket Entry No. 5). For the reasons stated below, Plaintiff's Motion to Remand will be denied. I. Legal Standard Under 28 U.S.C. 1441(...
