MEMORANDUM OPINION AND ORDER PHILIP R. MARTINEZ , District Judge . On this day, the Court considered Movant Mary Carmen Navarrete's "Motion to Correct Sentence Pursuant to Federal Rule of Criminal Procedure Title 28 USC2241[sic] and 28 USCS 2255. . . ." (ECF No. 71) 1 [hereinafter "Motion"], filed on December 1, 2016, wherein she seeks a sentence reduction. Movant was sentenced to fifty months' imprisonment after she pleaded guilty to possessing cocaine with the intent to distribute it....
ORDER ANDREW W. AUSTIN , Magistrate Judge . Before the Court are the following motions, referred to the undersigned for resolution: • Third-Party Denise Marie Martin's Motion to Quash (Dkt. No. 154); • YETI's Motion to Compel (Dkt. No. 157); • Defendants' Motion to Compel the Continuation of the 30(b)(6) Deposition of YETI Coolers, LLC's Designated Deponent Corey Maynard (Dkt. No. 161); • Opposed Joint Motion to Quash Non-Party Subpoenas (Dkt. No. 163); • YETI's Second Motion to...
ORDER ROBERT PITMAN , District Judge . Before the Court are Defendant Alamo Area Council of Governments' (AACOG) Motion for Summary Judgment, (Dkt. 40), and Plaintiff Martha Spinks's Motion for Summary Judgment and/or to Strike, Restrict, Exclude or Disallow Evidence Addressed by the 30(b)(6) Deposition Testimony. (Dkt. 39). Having reviewed the record and the applicable law, the Court issues the following order. BACKGROUND Plaintiff is a former employee of Defendant AACOG. She was hired...
ORDER ROBERT PITMAN , District Judge . Before the Court is Plaintiff Stemtech International, Inc.'s Application for Preliminary Injunction. (Dkt. 29). For the reasons that follow, the Court finds that Plaintiff's Application should be denied. BACKGROUND I. The Players Plaintiff Stemtech International, Inc. ("Stemtech") is a Delaware corporation with its principal place of business in Pembroke Pines, Florida. Stemtech was formed in 2005 by Ray Carter, now CEO of Stemtech, and Defendants...
MEMORANDUM OPINION AND ORDER PHILIP R. MARTINEZ , District Judge . On this day, the Court considered Movant John Thomas Shipley's pro se "Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" (ECF No. 233) 1 [hereinafter "Motion"], filed on June 19, 2015, the United States of America's (the "Government") "Response to Motion to Vacate Sentences" (ECF No. 246), filed on October 21, 2015, and Movant's "Reply to United States' Response to...
ORDER ROBERT PITMAN , District Judge . On November 29, 2016, the Court issued a show cause order requiring Plaintiff "to show cause in writing to the Court on or before December 15, 2016 why the claims against Defendants should not be dismissed for failure to timely effectuate service." (Show Cause Order, Dkt. 6). On December 21, 2016, Plaintiff filed a motion for extension of time to respond to the show cause order with his response to the order. (Mot. for Extension of Time, Dkt. 7)....
ORDER XAVIER RODRIGUEZ , District Judge . On this day, the Court considered HC Litigation Fund, LLC's Emergency Motion to Prohibit Ongoing Litigation Abuses and for Sanctions (docket no. 3), and HC's Supplemental Motion for Sanctions (docket no. 17). I. FACTUAL AND PROCEDURAL BACKGROUND This case has a long history. In short, Palmaz Scientific, Inc. (PSI) was formed in 2008. Julio Palmaz, M.D. was its Chairman and Chief Scientist. Steven B. Solomon served as PSI's chief executive officer....
ORDER ROBERT PITMAN , District Judge . Before the Court are non-party Clinical Reference Laboratory, Inc.'s ("CRL") Motion for Protective Order and/or Motion for Reconsideration, (Dkt. 27), and Defendant Union Pacific Railroad Company's ("Union Pacific") Motion to Stay Court's Order. (Dkt. 28). By way of its Motion, CRL asks the court to enter a protective order relieving it from this Court's prior order requiring the retesting of Plaintiff's urine sample. ( See Dkt. 27). Union Pacific...
ORDER ROBERT PITMAN , District Judge . Before the Court are various motions filed after the entry of final judgment in this case: • Plaintiff's Motion for Reconsideration of the Order Granting All Defendants' Motion for Summary Judgment (Dkt. 170); • Plaintiff's Motion for Reconsideration of the Order Denying Plaintiff's Motion for Preliminary Injunction (Dkt. 171), and what appears to be a corrected version of that Motion (Dkt. 172); • Plaintiff's Second Motion for Reconsideration of...
MEMORANDUM OPINION AND ORDER DAVID C. GUADERRAMA , District Judge . Presently before the Court is Defendants Lear Corporation and Lear Mexican Seating Corporation's (collectively "Defendants") "Motion to Compel Arbitration and to Dismiss or, in the Alternative, Stay Proceedings" ("Defendants' Motion to Compel Arbitration") (ECF No. 19), filed on August 22, 2016. Plaintiff International Corrugated and Packing Supplies, Inc. ("Plaintiff) filed a response ("Response") (ECF No. 23) on...
ORDER SAM SPARKS , District Judge . Before the Court are Petitioner Guadalupe Padilla's Application for Habeas Corpus Relief under 28 U.S.C. 2254 (Document 1); Petitioner's Brief in Support (Document 2); Respondent's Answer (Document 9); and Petitioner's Response (Document 11). Petitioner, proceeding pro se, has paid the filing fee for his application. For the reasons set forth below, the undersigned finds that Petitioner's application for writ of habeas corpus should be denied....
ORDER SAM SPARKS , District Judge . BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Defendant Austin Independent School District's Motion to Dismiss [#5], Plaintiff Annette Saldivar's Response [#6] in opposition, Defendant's Reply [#7] in support, and Defendant's Supplemental Authority [#8] in support. Having reviewed the documents, the governing law, and the file as a whole, the Court now enters the following opinion and order....
ORDER SAM SPARKS , District Judge . BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically, Defendants Greg Abbott and John Sneed's Motion for Summary Judgment [#31] and Plaintiff Freedom From Religion Foundation, Inc.'s Response [#35] thereto, as well as Plaintiff's Motion for Summary Judgment [#33], Defendants' Response [#36] thereto, and Plaintiff's Notice of Recent Supplemental Authority [#37]. Having reviewed the case file as a whole, 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 are Defendant Alfredo Hinojosa's Rule 12(b)(6) Motion to Dismiss Plaintiffs' Third Amended Complaint (Dkt. No. 54); Plaintiffs' Response (Dkt. No. 64); and Defendant Alfredo Hinojosa's Reply (Dkt. No. 69). The District Court referred the Motion to the undersigned Magistrate Judge for Report and Recommendation...
ORDER XAVIER RODRIGUEZ , District Judge . On this date, the Court considered Cross-Defendant Michael Brooks Kieschnick's Motion to Disqualify Daniel Rutherford, Tyler Rutherford, and the Rutherford Law Firm, counsel for Cross-Plaintiffs AIH Alamo Ice House, LLC, Jaime Luis Gonzales, and Raymond Fuchs. After careful consideration, the Court GRANTS the motion. BACKGROUND Plaintiff Joe Hand Promotions, Inc. filed its original complaint on August 24, 2016, naming Kieschnick, AIH, Gonzales,...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN , Magistrate Judge . TO: THE HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE Before this Court are the following motions, and their associated responses and replies: • Motion to Dismiss by United States and U.S. Department of Veterans Affairs (Dkt. No. 27); • Motion to Dismiss by Individual Federal Defendants Catherine Williams and Andrew Miller (Dkt. No. 28); • Defendants Nuckols Crossing Partners, Ltd....
ORDER ROBERT PITMAN , District Judge . On May 27, 2016 Appellant Wilfred Sheppard ("Sheppard") filed a notice of appeal in the United States Bankruptcy Court, Western District, of an order determining the non-dischargeability of debt. The order was made in response to a complaint filed by Arcelia Love ("Love"), which argued that a debt Sheppard owed Love, a $1,000,000 judgment entered by the 146th Judicial District Court of Bell County, Texas, was non-dischargeable pursuant to 11 U.S.C....
ORDER ANDREW W. AUSTIN , Magistrate Judge . Before the Court is Plaintiff's Motion for Reconsideration Re: Court's Order on Defendant Professional Contract Services, Inc.'s Motion to Compel-Request Immediate Stay (Dkt. No. 28). The District Court referred the above motion to the undersigned Magistrate Judge for resolution pursuant to 28 U.S.C. 636(b)(1)(A), FED. R. CIV. P. 72, and Rule 1(c) of Appendix C of the Local Rules. Plaintiff Esteban Garcia asks the Court to reconsider its...
ORDER ROBERT PITMAN , District Judge . On May 31, 2016 Plaintiff Wilfred Sheppard filed this action, which he entitles a "Petition for Fraud upon the Court." (Dkt. 1). While not an appeal from a ruling of the bankruptcy court, Sheppard identifies himself as "Plaintiff-Appellant" and indicates that he seeks a review of a proceeding before the bankruptcy court to determine whether fraud upon the court occurred. Now pending before the Court are four motions: Sheppard's motion for summary...
ORDER ROBERT PITMAN , District Judge . Before the Court are three motions for default judgment filed by Plaintiff Wilfred Sheppard (Dkts. 14-16). The case was referred to United States Magistrate Judge Jeffrey C. Manske for a Report and Recommendation on the merits pursuant to 28 U.S.C. 636(b), Rule 72 of the Federal Rules of Civil Procedure, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas, as amended. Magistrate Judge...
