ORDER ELIZABETH S. "BETSY" CHESTNEY , Magistrate Judge . Before the Court in the above-styled and numbered cause of action is Plaintiff's Motion to Exclude Expert Testimony of David M. Mathis, M.D. [#64]. Also before the Court is Defendant Dr. Glen Smith's Response to Plaintiff's Motion to Exclude Expert Testimony of David M. Mathis, M.D. [#67]. On January 17, 2017, the Honorable Fred Biery referred all pretrial proceedings in this case to the undersigned for disposition pursuant to...
REMAND ORDER XAVIER RODRIGUEZ , District Judge . On this date, the Court considered Plaintiff's Motion to Remand (docket no. 8) and the Response thereto. The motion to remand is granted. Background After Defendant Lawrence Heppner removed this action, the Court issued a Show Cause Order directing Heppner to correct deficiencies in the citizenship allegations so that the Court could determine whether diversity existed. The Court noted that Heppner should have access to the citizenship...
ORDER XAVIER RODRIGUEZ , District Judge . On this date, the Court considered the Motion for Partial Summary Judgment filed by Defendant the Phoenix Recovery Group ("PRG") (docket no. 12). PRG attempted to collect a debt owed by Plaintiff after she skipped out on her lease. Plaintiff does not dispute that she breached the lease and owes the underlying debt of approximately $5,000, which she has never paid. And she did not dispute the debt, which included a $91 charge for attorney's fees, or...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ELIZABETH S. ("BETSY") CHESTNEY , Magistrate Judge . To the Honorable Chief United States District Judge Orlando L. Garcia: This Report and Recommendation concerns Defendant the City of San Antonio's Motion to Dismiss [#10] and Defendant Peter Sweeney's Motion to Dismiss [#16]. Also before the Court is Plaintiff's Response to Defendant the City of San Antonio's Motion to Dismiss [#11] and Plaintiff's Response to Defendant Peter...
ORDER ANDREW W. AUSTIN , Magistrate Judge . Before the Court are Plaintiff Hunt's Motion to Allocate Deposition Time (Dkt. No. 135); Liberty Mutual Insurance Company's Response in Opposition and Cobb Mechanical Contractors, Inc.'s Joinder (Dkt. Nos. 139, 140); and Hunt's Reply (Dkt. No. 142). The motion has been referred to the undersigned for resolution. The Court refers to its numerous prior orders for the factual background of this case. The issue raised here is how time should be...
CONSENT PERMANENT INJUNCTION AND FINAL JUDGMENT ORLANDO L. GARCIA , Chief District Judge . On this day, the Court considered the Parties' Joint Motion for Entry of Consent Permanent Injunction and Final Judgment. Having considered the motion and the record of the proceedings, the Court finds good cause to enter the following order. Findings of Fact and Conclusions of Law 1. This Court has subject matter jurisdiction over this action under 28 U.S.C. 1332(a) because it is an action...
MEMORANDUM OPINION AND ORDER DAVID C. GUADERRAMA , UNITED STATES DISTRICT JUDGE . Before the Court is Defendant Luis Roberto Arroyo's ("Defendant") "Motion to Dismiss" (ECF No. 26). Defendant, a citizen of Mexico, was indicated on one count of illegal reentry after removal in violation of 8 U.S.C. 1326. Defendant moves to dismiss the Indictment on the ground that the prior removal order was invalid and void ab initio because the immigration judge that issued the order lacked "...
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 Plaintiffs/Counter-Defendants' Motion to Dismiss Counterclaims Pursuant to Chapter 27 of the Texas Civil Practice and Remedies Code (Dkt. No. 18); Defendants FCE Benefit Administrators, Inc., and Chris Porter's Response to Plaintiffs' Motion to Dismiss (Dkt. No. 19); and Plaintiffs' Reply (Dkt. No. 22). The...
ORDER ROBERT PITMAN , District Judge . Before the Court is a Motion for Entry of Default Judgment filed by Plaintiffs HDS Retail North America, LLC ("HDS") and LS Travel Retail North America, Inc. ("LS Travel") (collectively, "Plaintiffs"). (Dkt. 15). Having reviewed the motion, the record, and the relevant law, the Court finds that the motion should be granted. I. BACKGROUND Plaintiffs allege the following facts in their complaint. ( See Dkt. 1). Plaintiffs hired Defendant Petore...
ORDER ROBERT PITMAN , District Judge . Before the Court is Plaintiff Michelle Santos's ("Santos") Motion for Reconsideration and Motion for New Trial, (Dkt. 71), Defendant Wincor Nixdorf's ("Wincor") response to the motion, (Dkt. 74), and Santos's reply, (Dkt. 75). Santos requests that the Court set aside its order granting summary judgment to Wincor, (Summ. J. Order, Dkt. 69), and grant a new trial, (Mot., Dkt. 71, at 11). Having considered the parties' briefs, relevant law, and the...
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT FRANK MONTALVO , District Judge . Before the court is "Defendant's Motion for Traditional Summary Judgment" ("Motion") [ECF No. 17], filed October 4, 2018 by PRIDE Industries, Inc. ("PRIDE"); "Plaintiff's Response to Defendant's Motion for Traditional Summary Judgment" ("Response") [ECF No. 20], filed October 22, 2018 by Michael Johnson ("Plaintiff"); and "Defendant's Reply in Support of its Motion for Traditional Summary Judgment" ("Reply") [ECF...
MEMORANDUM OPINION ROYCE C. LAMBERTH , District Judge . This is a copyright infringement case regarding the design and construction of a residential property located at 6118 Sierra Avila, San Antonio, Texas 78257 ("the Sierra Avila Home"). Plaintiff Don Stevenson Design, Inc. commenced this action against defendants TBP Enterprises I, LTD., TBP Enterprises, Inc., and Timothy Powell (individually and collectively, "defendants") on November 9, 2016, with the filing of plaintiff's original...
MEMORANDUM OPINION AND ORDER OF REMAND ANDREW W. AUSTIN , Magistrate Judge . After consideration of Defendant's Unopposed Motion to Reverse and Remand and Enter Judgment (Dkt. No. 20), the Court finds that the Motion is well-taken and should be granted. Therefore, the Court ORDERS the above-captioned matter REVERSED and REMANDED under the fourth sentence of 42 U.S.C. 405(g) to the Commissioner of Social Security for the purpose of conducting further administrative proceedings....
ORDER ROBERT PITMAN , District Judge . Before the Court is a motion for summary judgment filed by Defendants City of Buda ("the City"), DeMerriell Young ("Young"), and Kellie Metz ("Metz") (together, "Defendants"). (Dkt. 18). Plaintiff Leonard Garcia ("Garcia") filed a response, (Dkt. 19), and Defendants replied, (Dkt. 20). Having considered the parties' briefs, the evidence, and the relevant law, the Court finds that the motion should be granted in part and denied in part. I. BACKGROUND...
MEMORANDUM OPINION AND ORDER FRED BIERY , District Judge . Before the Court are pro se petitioner Grailand Fields's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 (ECF No. 1), petitioner's Memorandum in Support (ECF No. 2), respondent's Motion to Dismiss (ECF No. 10), and petitioner's Reply (ECF No. 11) thereto. Petitioner challenges the constitutionality of his 1996 state court murder conviction, arguing he has established a valid claim of actual innocence through an...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN , Magistrate Judge . Before the Court are UMG Recording, Inc., et al's Motion for Partial Summary Judgment as to Safe Harbor Defense (Dkt. No. 127); the Response (Dkt. No. 143); and the Reply (Dkt. No. 167). The District Court referred the above motion to the undersigned Magistrate Judge for a report and recommendation pursuant to 28 U.S.C. 636(b) and Rule 1(c) of Appendix C of the Local Rules. I....
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN , Magistrate Judge . Before the Court are Defendant Grande Communication Networks LLC's Motion for Summary Judgment (Dkt. No. 140); Grande's Motion for Sanctions (Dkt. No. 156); Plaintiffs' Opposition and Cross-Motion for Summary Judgment as to Liability (Dkt. No. 172); Plaintiffs' Response to the Motion for Sanctions (Dkt. No. 179); Grande's Reply on Sanctions (Dkt. No. 189); Grande's Combined Summary...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE RICHARD B. FARRER , Magistrate Judge . To the Honorable United States District Judge Fred Biery: This Report and Recommendation concerns Plaintiff Josue Morales's Motion to Remand. See Dkt. No. 2. The District Court referred this case to the undersigned pursuant to Western District of Texas Local Rule CV-72 and Appendix C. See Dkt. No. 7. The undersigned has authority to enter this recommendation pursuant to 28 U.S.C. 636(...
ORDER ON MOTION TO DISMISS XAVIER RODRIGUEZ , District Judge . On this date, the Court considered Defendant's Motion to Dismiss (docket no. 47), Relator's Response (docket no. 48), and Defendant's Reply (docket no. 49). After careful consideration, the Court GRANTS Defendant's motion and dismisses Relator's claims without prejudice. BACKGROUND In this qui tam action, Relator Ericka Zelickowski, a former Albertsons pharmacist, alleges that Albertsons illegally overcharged federal and...
ORDER ROBERT PITMAN , District Judge . Before the Court is Plaintiff Plaintiff Melissa Ann Tucker's ("Tucker") EAJA Fee Application, (Dkt. 43), along with a response filed by Defendant Nancy A. Berryhill, the Acting Commissioner of the Social Security Administration (the Commissioner), (Dkt. 45). Having considered the parties' arguments, the record, and the relevant law, the Court will grant Tucker's motion. I. BACKGROUND This action is an appeal under 42 U.S.C. 405(g) of the...
