ORDER KATHLEEN CARDONE, District Judge. On this day, the Court considered Defendants' "Opposed Motion to Transfer Venue, and Subject Thereto, Original Answer" ("Motion"), ECF No. 7. For the reasons set forth herein, the Motion is DENIED. I. BACKGROUND Plaintiff Angelina Vasquez ("Plaintiff"), a resident of El Paso County, Texas, alleges that she was injured in course and scope of her employment with Defendant El Paso II Enterprises, LLC d/b/a Oasis Nursing & Rehabilitation Center ("...
ORDER KATHLEEN CARDONE, District Judge. On this day, the Court considered Plaintiff's "Motion for Leave to File Plaintiff's Second Amended Complaint" ("Motion"), ECF No. 41, and "Defendant's Traditional and No-Evidence Motion for Summary Judgment" ("Motion for Summary Judgment"), ECF No. 62. For the reasons set forth herein, the Court GRANTS in part and DENIES in part the Motion. The Court DENIES the Motion for Summary Judgment as moot. I. FACTUAL AND PROCEDURAL BACKGROUND...
ORDER XAVIER RODRIGUEZ, District Judge. On this day the Court considered Defendant's Motion to Dismiss for Failure to State a Claim (Docket Entry No. 3). For the following reasons, the Court GRANTS the motion to dismiss without prejudice to Plaintiff filing an amended complaint. Background Plaintiff Cynthia Denton is the owner of real property located in Bexar County, and commonly known as 9091 Arborwood, San Antonio, Texas 78250. Defendant Wells Fargo is alleged to be the owner and holder...
ORDER XAVIER RODRIGUEZ, District Judge. On this day came on to be considered Defendants' motion for summary judgment (doc. no. 49), Defendants' motion to exclude expert testimony (doc. no. 51), and Plaintiffs' motion for sanctions (doc. no. 52). Background Sarah Doe was a middle school student in a Northside I.S.D. school. 1 Nora Martinez was a teacher at NISD's middle school for approximately 7 years. 2 Sarah Doe's parents allege that on January 23, 2011, they discovered that Nora...
FINDINGS OF FACT AND CONCLUSIONS OF LAW XAVIER RODRIGUEZ, District Judge. Before the Court is Petitioner Angelica Lopez Sanchez's Verified Petition for Return of Child (Doc. 1.). The Court held a hearing on July 13, 2012, at which the testimony of Petitioner and numerous other witnesses were heard. At the conclusion of the hearing, the Court requested additional briefing. Upon review of the testimony in this matter and the briefs submitted by all concerned, the Court enters the following...
ORDER XAVIER RODRIGUEZ, District Judge. On this date, the Court considered Plaintiff's Motion for TRO, Preliminary and Permanent Injunction (docket no. 11). The motion is opposed. After careful consideration, the Court denies the motion. Background Plaintiff filed an "Application [for] TRO, Temporary Injunction, Permanent Injunction and Plaintiff's Original Petition" in state district court on June 4, 2012. The petition alleged that Plaintiff is the record owner of property located at 10930...
ORDER XAVIER RODRIGUEZ, District Judge. On this day came on to be considered Movants' Emergency Motion for Stay of this Court's Order, entered on August 3rd, 2012, pending Movants' appeal of such Order to the U.S. Court of Appeals for the Fifth Circuit. In United States v. Baylor Univ. Medical Ctr., 711 F.2d 38 , 39 (5th Cir. 1983), the Fifth Circuit set forth the criteria for a stay pending appeal as follows: (1) whether the movant has made a showing of likelihood of success on the...
ORDER ANDREW W. AUSTIN, Magistrate Judge. Before the Court are the Plaintiff's Motion to Compel Kathy Lynn Gaskamp Graves to Respond to Interrogatories and Request for Production (Clerk's Doc. No. 65); Plaintiff's Motion to Compel Document Production from Washington County District Attorney's Office or Alternatively Issuance of Show Cause Order and Request for Grand Jury Transcripts (Clerk's Doc. No. 77). The District Court referred the motion to the undersigned Magistrate Judge for...
MEMORANDUM DECISION XAVIER RODRIGUEZ, District Judge. Petitioner Juan Luis Caballero has filed a 28 U.S.C. 2254 habeas corpus petition challenging his conviction and sentence for burglary of a habitation with intent to commit sexual assault. I. Background Petitioner was convicted of burglary of a habitation with intent to commit sexual assault in cause number 2006CR10255 in the 175th District Court of Bexar County, Texas. A jury found Petitioner guilty, and Petitioner received a sixty-...
ORDER XAVIER RODRIGUEZ, District Judge. On this date, the Court considered Defendant's Motion to Dismiss. (Docket No. 22). For the reasons explained below, Defendant's motion is GRANTED. Background On August 13, 2012, Plaintiff initiated this action by filing a complaint in State court alleging violations of the Whistleblower Act under Texas Government Code 554.001. On December 23, 2010, Plaintiff amended her complaint to add claims for violations of the First and Fourteenth Amendments of...
ORDER ON MOTION FOR SUMMARY JUDGMENT XAVIER RODRIGUEZ, District Judge. On this date, the Court considered Defendant's Motion for Summary Judgment (docket no. 56), Plaintiff's Response, and Defendant's Reply. For the reasons stated below, Defendant's motion is GRANTED. Factual and Procedural Background Plaintiff I.A. is a young boy who was enrolled as a student in the Seguin Independent School District. When I.A. was six years old, he was injured in an automobile accident that severely...
ORDER XAVIER RODRIGUEZ, District Judge. On this date, the Court considered Defendant Nash's Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (Docket. No. 86), and Plaintiff Leibovitz's response thereto (Docket No. 88). Because Nash has already filed an answer in this lawsuit, the Court construes the motion pursuant to Federal Rule of Civil Procedure 12(c). Following review of the Motion and the relevant authority, Defendant's motion is GRANTED in part and DENIED in part....
ORDER XAVIER RODRIGUEZ, District Judge. On this date, the Court considered Defendant Oberheu's Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (docket. No. 85), and Plaintiff Muniz's response thereto (docket no. 89). Because Oberheu has already filed an answer in this lawsuit, the Court construes the motion pursuant to Federal Rule of Civil Procedure 12(c). Following review of the Motion and the relevant authority, Defendant's motion is GRANTED in part and DENIED in...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN, Magistrate Judge. TO: THE HONORABLE SAM SPARKS UNITED STATES DISTRICT JUDGE The Magistrate Judge submits this Report and Recommendation to the District Court pursuant to 28 U.S.C. 636(b) and Rule 1(e) of Appendix C of the Local Court Rules of the United States District Court for the Western District of Texas, Local Rules for the Assignment of Duties to United States Magistrates, as amended, effective December 1,...
ORDER XAVIER RODRIGUEZ, District Judge. On this date, the Court considered Defendant's Motion for Summary Judgment and Motion for Partial Dismissal (docket no. 18), Plaintiff's Response (docket no. 20), and Defendant's Reply (docket no. 22). For the reasons stated below, Defendant's Motion for Partial Dismissal is GRANTED, and Defendant's Motion for Summary Judgment is GRANTED in part and DENIED in part. Background Plaintiff, Esther S. Chapa, began employment as a custodian at Defendant,...
MEMORANDUM OPINION AND ORDER XAVIER RODRIGUEZ, District Judge. Petitioner Manuel "Meme" Vasquez filed this federal habeas corpus action pursuant to Title 28 U.S.C. Section 2254 challenging his November, 1999 Bexar County capital murder conviction and sentence of death. For the reasons set forth hereinafter, petitioner is entitled to neither federal habeas corpus relief nor a Certificate of Appealability from this Court. I. Statement of the Case A. The Offense Viewed in the light most...
ORDER ANDREW W. AUSTIN, Magistrate Judge. Before the Court is the Consolidated Defendants' Motion to Dismiss Count 2 of Plaintiffs' Second Amended Complaint and to Dismiss All Claims Alleged by Plaintiff Richard Wood (Clerk's Doc. No. 131). The Defendants move to dismiss the Plaintiffs' negligence claim (count two) as barred under two different theories: (1) the statute of limitations, and (2) the economic loss rule. The Court previously rejected the Defendants' statute of limitations...
ORDER XAVIER RODRIGUEZ, District Judge. On this date, the Court considered the status of the above-captioned case. For the reasons explained below, Plaintiff is ORDERED to notify the Court of the status of the above-captioned case by July 20, 2012. Plaintiff is further advised that repeated failure to comply with this Court's orders may result in dismissal of her case. Background On August 13, 2012, Plaintiff initiated this action by filing a complaint in State court alleging violations...
ORDER ANDREW W. AUSTIN, Magistrate Judge. Before the Court are the Plaintiff's Motion to Compel Deposition (Clerk's Doc. No. 26); the Defendant's Response (Clerk's Doc. No. 28); and the Plaintiff's Reply (Clerk's Doc. No. 32). The District Court referred the motion to the undersigned Magistrate Judge for a resolution pursuant to 28 U.S.C. 636(b) and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas, Local Rules for the...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN, Magistrate Judge. TO: THE HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE Before the Court is Defendant Texas Department of Agriculture's First Amended Motion to Dismiss (Clerk's Doc. No. 20), Plaintiff Equal Employment Opportunity Commission's Response (Clerk's Doc. No. 21), and the General Land Office's Motion to Dismiss (Doc. No. 31), all of which have been referred to the undersigned for a report and...
