ORDER AWARDING ATTORNEYS' FEES AND EXPENSES TO CLASS COUNSEL NANCY STEIN NOWAK, United States Magistrate Judge. On October 4, 2010, the Court considered the Application for an Award of Attorneys' Fees and Expenses to Class Counsel, which was included as part of the Plaintiffs' Unopposed Motion for Final Approval of Class Action Settlement, Approval of Cy Pres Distribution, Approval of Incentive Awards to Plaintiffs, and Award of Attorneys' Fees and Expenses to Class Counsel (hereinafter "the...
ORDER ON MOTION FOR SUMMARY JUDGMENT XAVIER RODRIGUEZ, District Judge. On the date, the Court considered Defendants J. Barry Archer, Mike Constantino, and Reyes Hernandez's Second Motion for Summary Judgment (Docket No. 99), Plaintiff's Motion for Summary Judgment (Docket No. 100), Defendant City of San Antonio's Second Motion for Summary Judgment (Docket No. 101), the Defendants' objections and motion to exclude the affidavit attached to Plaintiff's response (Docket No. 107), and the...
MEMORANDUM OPINION IN SUPPORT OF ORDER GRANTING THE KINGDOM'S MOTION TO DISMISS LEAR'S COUNTER-CLAIMS IN REPLY ROYAL FURGESON, Senior District Judge. BEFORE THE COURT are Defendants the Kingdom of Saudi Arabia and the Ministry of Defense and Aviation of the Kingdom of Saudi Arabia's (collectively the "Kingdom") Motion to Dismiss Lear's Counterclaims in Reply (Docket No. 243); and Plaintiffs UNC Lear Services, Inc. and Lear Siegler Services, Inc.'s (collectively "Lear") Response. The Court...
ORDER XAVIER RODRIGUEZ, District Judge. On this date, the Court considered Defendant Macy's West Stores, Inc.'s 1 Motion to Dismiss (docket no. 8), and the Response thereto. I. Background Plaintiff Guadalupe Betancourt, a Kansas resident, filed her original complaint against Defendant Federated Department Stores on October 20, 2009, seeking declaratory and injunctive relief, attorney's fees, litigation expenses, and costs under Title III of the Americans with Disabilities Act ("ADA")....
OPINION ANDREW W. AUSTIN, United States Magistrate Judge. This matter comes before the Court pursuant to a written and sworn application under 18 U.S.C. 3122(a)(1), 3127(5), 2703(c)(1)(B) & (d) and FED.R.CRIM.P. 41 by an Attorney for the Government as defined by FED.R.CRIM.P. 1(b)(1)(B), and accompanying affidavit of a Drug Enforcement Administration Special Agent (hereafter, "Affiant"), applying for a multi-part order authorizing: (i) the installation and use of a pen register and trap...
ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on June 18, 2010, the Court held a hearing in the above-styled cause, and the parties appeared through counsel. Pending before the Court were Defendant ArthroCare Corporation's ("ArthroCare") Motion to Dismiss [# 166] and the appendix thereto [#167], Lead Plaintiff DeKalb County Pension Fund's ("Plaintiff") response [#186], and ArthroCare's reply [#194]; Defendant David Applegate's ("Applegate") Motion to Dismiss [# 168], Plaintiff's...
ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Plaintiff Honestech, Inc.'s ("Honestech") Motion for a New Trial [# 160], Defendant Sonic Solutions's (and specifically, the Roxio Division of Sonic Solutions) ("Roxio") response thereto [# 165], and Honestech's reply [# 168]; the Bill of Costs filed by Roxio [# 153] and Honestech's objection thereto [# 159]; and Honestech's Sealed Submission of Expenses and...
ORDER XAVIER RODRIGUEZ, District Judge. On this day came on to be considered Defendant's motion to suppress (docket no. 16). Background Dagoberto Rodriguez-Castorena (Rodriguez) is charged in an indictment with illegal re-entry into the United States in violation of 8 U.S.C. 1326. On February 16, 2010, a Ford Expedition was traveling north on IH 35. Border Patrol Agent Patrick Philpot was also traveling north on the interstate when he encountered the Expedition. The encounter occurred...
ORDER REGARDING REDACTION OF NATURALIZATION INTERVIEW TAPES AND TRANSCRIPTS KATHLEEN CARDONE, District Judge. On this day, the Court considered the government's "Submission and Motion Regarding Recordings and Transcripts of Defendant's Naturalization Interview and Removal Proceedings" ("Government's Motion") and "Submission of the United States Regarding Fifth Amendment Issues Raised in Defendant's Motions to Redact" ("Government's Submission"). The Court also considered Defendant's "Under...
ORDER ORLANDO L. GARCIA, District Judge. Petitioners Philip M. Milburn Jr. and Jean Cowden Milburn Aoki are the heirs and joint independent executors of the estate of their mother, Hallie Jean Milburn. 1 Petitioners filed a petition to quash an Internal Revenue Service administrative summons issued on September 3, 2009 to their lawyer Charles Hornberger during the federal estate tax examination of Mrs. Milburn's estate. (Docket no. 1.) On September 17, 2009, the IRS also issued separate...
ORDER GRANTING DEFENDANT'S MOTION FOR JUDGMENT AS A MATTER OF LAW HARRY LEE HUDSPETH, Senior District Judge. These two consolidated cases are petitions for judicial review of final partnership administrative adjustments, with jurisdiction in this Court founded upon 26 U.S.C. 6226(a)(2). In cause number S05-CA-216, Plaintiff Gary Woods is requesting the Court to order the readjustment of certain items in the partnership return of Tesoro Drive Partners, a Texas general partnership, for the...
ORDER CONCERNING PLAINTIFF'S MOTION TO REMAND FRED BIERY, Chief Judge. Before the Court is Plaintiffs Opposed Motion to Remand (docket #4), Defendant BAC Home Loans Servicing, LP's Response to Plaintiffs Motion to Remand (docket # 7), and Plaintiffs Reply in Support of Plaintiffs Opposed Motion to Remand (docket # 9). Plaintiff asserts this Court lacks jurisdiction over his case because it does not arise under federal law and the amount in controversy requirement has not been met for...
ORDER ON ATTORNEYS' FEES AND COSTS PHILIP R. MARTINEZ, District Judge. On this day, the Court considered the following pleadings filed in the above-captioned cause: Defendants Fresenius Medical Care North America and Larry Ramirez's (Fresenius Defendants) 1 "Bill of Costs" (Docket No. 460), filed on April 2, 2010 [hereinafter Fresenius Defs.' Bill of Costs]; Plaintiff/Relator Rebecca Gonzalez's (Relator) "Response/Objections to the Fresenius Defendants' Bill of Costs" (Docket No. 464),...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PHILIP R. MARTINEZ, District Judge. On this day, the Court considered Defendant Target Corporation's (Target) "Motion for Summary Judgment" (Docket No. 40), filed on June 10, 2010, Plaintiffs Jennifer Mix and Jeffrey D. Mix's (Plaintiffs) "Response to Target's Motion for Summary Judgment" (Docket No. 44), filed July 1, 2010, and Target's "Reply to Plaintiffs' Response to Defendant Target Corporation's Motion for Summary Judgment" (...
ORDER DENYING MOTION FOR PARTIAL DISMISSAL PHILIP R. MARTINEZ, District Judge. On this day, the Court considered Defendant NBS, Inc.'s (Defendant) "Motion for Partial Dismissal" (Docket No. 5) [hereinafter Defendant's Motion], filed on January 29, 2010; Plaintiff Alfonso Herrera's (Plaintiff) "Response to Defendant's Motion for Partial Dismissal" (Docket No. 7) [hereinafter Plaintiff's Response], filed on February 8, 2010; and Defendant's "Reply to Plaintiffs Response to Defendant's Motion...
MEMORANDUM OPINION IN SUPORT OF ORDERS GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS FOR JUDGMENT AS A MATTER OF LAW PHILIP R. MARTINEZ, District Judge. On February 23, 2010, at the close of evidence in Relator Rebecca Gonzalez's (Relator) case-in-chief, the Court granted in part and denied in part Defendant Fresenius Medical Care North America, et al.'s (Fresenius Defendants) 1 "Motion for Judgment as a Matter of Law" (Docket No. 430), and granted in part and denied in part...
MEMORANDUM OPINION AND ORDER DAVID BRIONES, Senior District Judge. On this day, the Court considered Respondents Ana B. Hinojosa, et al.'s "Motion to Dismiss" ("Motion"), filed in the above-captioned cause on February 16, 2010. On February 25, 2010, Petitioner Socorro Villela filed an "Opposition to Defendants' Motion to Dismiss," to which Respondents replied on March 26, 2010. Petitioner filed a second opposition on April 12, 2010, to which Respondents replied on May 7, 2010. After due...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION TO COMPEL ARBITRATION AND DENYING MAYRA MENDEZ'S MOTION FOR SANCTIONS FRANK MONTALVO, District Judge. On this day, the Court considered New Bell General Services, L.P. and Vista Hills Health Care Center, GP, LLC's ("Vista Hills") (collectively, "Defendants") "Defendants' Motion to Compel Arbitration" [Rec. No. 8], filed May 25, 2010, in which Defendants request the Court to compel arbitration of Mayra Mendez's ("Mendez") negligence...
ORDER REVERSING ORDER OF THE BANKRUPTCY JUDGE DATED NOVEMBER 28, 2008 FRED BIERY, District Judge. This is an appeal from a judgment of the United States Bankruptcy Court for the Western District of Texas, San Antonio Division. As set forth in its Order of November 28, 2008, the Bankruptcy Court granted Clark Contracting Services, Inc.'s motion for partial summary judgment and denied Wells Fargo Equipment Finance's motion for partial summary judgment. This Court has jurisdiction of this...
