MEMORANDUM OPINION AND ORDER PHILIP R. MARTINEZ , District Judge . On this day, the Court considered Petitioner Ernesto Lafrienza's [hereinafter "Petitioner"] pro se "Petition for a Writ of Habeas Corpus by a Person in State Custody" (ECF No. 8) [hereinafter "Petition"], 1 filed on June 6, 2017, and Respondent Lorie Davis's 2 [hereinafter "Respondent"] "Motion for Summary Judgment" (ECF No. 15), filed on August 25, 2017, in the above-captioned cause. In his Petition, Petitioner...
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's Motion to Dismiss, for Fees and Sanctions, Pursuant to the Texas Citizen's Participation Act (Dkt. No. 8); Plaintiff's Response (Dkt. No. 12); and Defendant's Reply (Dkt. No. 13). The undersigned submits this Report and Recommendation to the United States District Court pursuant to 28 U.S.C. 636(...
ORDER ANDREW W. AUSTIN , Magistrate Judge . Before the Court are Defendants' Motion for Partial Summary Judgment (Dkt. No. 24) and Plaintiff's Response (Dkt. No. 26). I. GENERAL BACKGROUND Plaintiff James Carter brings this suit against G. Carter Construction Company, Inc. and its owners Allison Ann Terry and Pete Smith (collectively GCC), alleging retaliation under Chapter 451 of the Texas Labor Code and violations of the overtime provisions of the Fair Labor Standards Act (FLSA)....
MEMORANDUM OPINION AND ORDER FRED BIERY , District Judge . Filiberto Sierra, III, an inmate in the custody of the Texas Department of Criminal Justice-Correctional Institutions Division ("TDCJ-CID"), has filed an application for a writ of habeas corpus, pursuant to 28 U.S.C. 2254, challenging his convictions for aggravated sexual assault and assault on a family member. As required by Rule 4 of the Rules Governing Section 2254 Cases, the Court conducted a preliminary review of 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 Defendants' Motion to Dismiss Claims 1 Through 6 of Plaintiff's Complaint Under Rule 12(b)(6) (Dkt. No. 11); and Plaintiff's Memorandum in Opposition (Dkt. No. 14). The District Court referred the above motion to the undersigned Magistrate Judge for report and recommendation pursuant to 28 U.S.C. 636(b)(1)(A),...
ORDER SAM SPARKS , District Judge . BE IT REMEMB ERED on this day the Court reviewed the file in the above-styled cause, and specifically Plaintiffs Adobe Systems Incorporated (Adobe), Autodesk Inc. (Autodesk), and CNC Software, Inc. (CNC) (collectively, Plaintiffs)' Motion for Summary Judgment [#29], Defendant Chorng "Jack" Hwang (Hwang)'s Response and Motion to Exclude Evidence [#32], and Plaintiffs' Reply [#33] in support. Having reviewed the documents, the governing law, and the file...
ORDER ROBERT PITMAN , District Judge . Before the Court is the motion to transfer venue to the Northern District of Texas, Dallas Division, (Dkt. 6), by Defendant Southwest Airlines ("Southwest"). After reviewing the briefs, pleadings, and relevant law, the Court GRANTS the motion. I. Background Plaintiff Leonardo Browning ("Browning"), formerly employed as a flight attendant, was terminated by Southwest on May 16, 2015. (Compl., Dkt. 1-1, 4.3). Browning alleges that his termination...
ORDER ROBERT PITMAN , District Judge . Before the Court is the motion to transfer venue to the Northern District of Texas, Dallas Division, (Dkt. 6), by Defendant Southwest Airlines ("Southwest"). After reviewing the briefs, pleadings, and relevant law, the Court GRANTS the motion. I. Background Plaintiff Leonardo Browning ("Browning"), formerly employed as a flight attendant, was terminated by Southwest on May 16, 2015. (Compl., Dkt. 1-1, 4.3). Browning alleges that his termination...
ORDER ROBERT PITMAN , District Judge . Edgar Andres Soto Pena filed a petition under The Hague Convention on Civil Aspects of International Child Abduction (the "Convention"), T.I.A.S. No. 11670, 19 I.L.M. 1501, codified by the International Child Abduction Remedies Act ("ICARA"), 42 U.S.C. 11601, et seq., seeking the return of his children to Mexico. This Court commenced a full evidentiary hearing, during which the Court received evidence and heard sworn testimony. Having considered...
ORDER ROBERT PITMAN , District Judge . Before the Court in the above-entitled matter are Plaintiffs' Motion to Reconsider Order Granting New Trial, (Dkt. 91), and the filings responsive thereto. Having considered those filings, the relevant law, and the case file, the Court enters the following order. I. BACKGROUND Plaintiffs Jose Escribano, Al LeBlanc, Bryce Miller, Robert Mills, Michael Strawn, and James Williamson ("Plaintiffs") are lieutenants in the law enforcement bureau of the...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE MARK LANE , Magistrate Judge . TO: THE HONORABLE LEE YEAKEL 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 Magistrate Judges. Before the Court is...
MEMORANDUM OPINION AND ORDER ANDREW W. AUSTIN , Magistrate Judge . Before the Court are Plaintiff's Brief (Dkt. No. 11); Defendant's Brief (Dkt. No. 12); and Plaintiff's Reply (Dkt No. 13). Also before the Court is the Social Security record filed in this case (Cited as "Tr."). I. General Background Plaintiff Anita Gail Spano brings this appeal challenging the final decision denying her disability benefits. Spano has a high school education and completed secretarial school in 1979. (Tr....
ORDER SAM SPARKS , District Judge . Before the Court is Petitioner Frank Joseph's Application for Habeas Corpus Relief under 28 U.S.C. 2254 (Document 1). Petitioner, proceeding pro se, has been granted leave to proceed in forma pauperis. For the reasons set forth below, Petitioner's application is dismissed as timebarred. I. STATEMENT OF THE CASE A. Petitioner's Criminal History In 2005, a jury convicted appellant of aggravated sexual assault of a child and indecency with a child by...
ORDER ROBERT PITMAN , District Judge . Before the court in the above-entitled matter is Petitioner's Motion for Enforcement of Possession or Access and Order to Appear. (Dkt. 29). For the reasons explained below, Petitioner's motion is DISMISSED. I. BACKGROUND In July 2015, Petitioner Francisco Garcia Delgadillo ("Petitioner") filed an application for the return of a child pursuant to the Hague Convention on the Civil Aspects of International Child Abduction ("Hague Convention") in...
ORDER XAVIER RODRIGUEZ , District Judge . On this date, the Court considered Defendant's Motion for Summary Judgment (Docket no. 34) and the corresponding response, reply, and supplements. After careful consideration, the Court GRANTS Defendant's Motion. BACKGROUND On September 21, 2016, Plaintiff filed her Original Complaint with this Court. Docket no. 1. Plaintiff brings a claim for age discrimination under the Age Discrimination in Employment Act of 1967, 29 U.S.C. 621, 623, 626 ("...
ORDER AND REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN , Magistrate Judge . TO: THE HONORABLE ROBERT PITMAN UNITED STATES DISTRICT JUDGE Before the Court are MetroCare Services-Austin, LP's Motion to for Summary Judgment (Dkt. No. 80); Plaintiff's Unopposed Motion for Extension of Time to File Response/Reply (Dkt. No. 87); Plaintiff's Response (Dkt. No. 89); Defendant's Reply (Dkt. No. 90); Plaintiff's Opposed Motion for Leave to File Supplement (Dkt....
Memorandum Opinion: Granting Plaintiff's Opposed Motion for Leave to Amend Complaint Denying as Moot All Other Motions ROYCE LAMBERTH , District Judge . The Court has before it the following motions and all responses and replies thereto; • Defendant's Motion for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c). (ECF #23). • Plaintiff's Motion for Leave to File Sur-Reply Brief in Response to Defendants' Reply to Plaintiff's Response to Defendants' Motion for Judgment on the...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN , Magistrate Judge . Before the Court is Reginald Dwayne Ellison's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, filed on January 6, 2017. Dkt. No. 250. The undersigned magistrate judge submits this Report and Recommendation pursuant to 28 U.S.C. 636(b) and Rule 1 of Appendix C of the Local Court Rules. I. GENERAL BACKGROUND After a jury trial, on November 14, 1996,...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE MARK LANE , Magistrate 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 Magistrate Judges. Before the Court is Petitioner's Application for Habeas Corpus Relief under 28 U.S.C....
ORDER SAM SPARKS , District Judge . BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Defendant Federal Insurance Company (FIC)'s Motion for Summary Judgment Against Defendant Axis Surplus Insurance Company (Axis) [#81], Axis's Response [#90] in opposition, and FIC's Reply [#96] in support; Intervenor Plaintiff First Mercury Insurance Company (First Mercury)'s Motion for Summary Judgment Against Axis [#85], Axis's Response [#91] in...
