PRELIMINARY INJUNCTION ORDER AS TO DEFENDANTS PROLINK VISION, S.R.L., 9896988 CANADA, INC., SAM MADI, MOHAMMAD SOUHEIL AND CHARLES KHAROUF KATHLEEN CARDONE , District Judge . On July 18, 2019, the Federal Trade Commission ("FTC") and the State of Ohio ("Plaintiffs") filed their Complaint for Permanent Injunction and Other Equitable Relief pursuant to Section 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. 53(b), and the Telemarketing and Consumer Fraud and Abuse...
PRELIMINARY INJUNCTION ORDER AS TO DEFENDANTS GLOBEX TELECOM, INC. AND 9506276 CANADA, INC. KATHLEEN CARDONE , District Judge . On July 18, 2019, the Federal Trade Commission ("FTC") and the State of Ohio ("Plaintiffs") filed their Complaint for Permanent Injunction and Other Equitable Relief pursuant to Section 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. 53(b), and the Telemarketing and Consumer Fraud and Abuse Prevention Act ("Telemarketing Act"), 15 U.S.C....
EX PARTE TEMPORARY RESTRAINING ORDER WITH ASSET FREEZE, APPOINTMENT OF A TEMPORARY RECEIVER, AND OTHER EQUITABLE RELIEF, AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE KATHLEEN CARDONE , District Judge . On July 18, 2019, the Federal Trade Commission ("FTC") and the State of Ohio (collectively, "Plaintiffs") filed, ex parte, their Complaint for Permanent Injunction and Other Equitable Relief pursuant to Section 13(b) of the Federal Trade Commission Act ("FTC Act"),...
PRELIMINARY INJUNCTION ORDER AS TO DEFENDANTS EDUCARE CENTRE SERVICES, INC., TRIPLETEL, INC., AND WISSAM ABEDEL JILAL KATHLEEN CARDONE , District Judge . On July 18, 2019, the Federal Trade Commission ("FTC") and the State of Ohio (collectively, "Plaintiffs") filed its Complaint for Permanent Injunction and Other Equitable Relief pursuant to Section 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. 53(b), and the Telemarketing and Consumer Fraud and Abuse Prevention Act ("...
EX PARTE TEMPORARY RESTRAINING ORDER WITH ASSET FREEZE, APPOINTMENT OF A TEMPORARY RECEIVER, AND OTHER EQUITABLE RELIEF, AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE KATHLEEN CARDONE , District Judge . Plaintiffs, Federal Trade Commission ("FTC") and the State of Ohio (collectively, "Plaintiffs"), have filed their Complaint for Permanent Injunction and Other Equitable Relief under Section 13(b) and 19 of the FTC Act, 15 U.S.C. 53(b), 57b, the Telemarketing and...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS AND GRANTING MOTION TO REMAND PHILIP R. MARTINEZ , District Judge . On this day, the Court considered: • Defendant Inabata Europe Gmbh's [hereinafter "Defendant Inabata"] "Notice of Removal" (ECF No. 1), filed on July 8, 2019; • Plaintiff GESPA Nicaragua, S.A.'s [hereinafter Plaintiff] "Motion to Remand to State Court" (ECF No. 12) [hereinafter "Motion to Remand"], filed on August 7, 2019; • Defendant Inabata's "Response to Motion...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE SUSAN HIGHTOWER , Magistrate Judge . Before this Court are Defendants Countrywide Home Loans, Inc. d/b/a America's Wholesale Lender ("Countrywide") and The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the Certificate Holder CWALT, Inc., Series 18 CB's ("BoNY") Motion to Dismiss, filed October 4, 2019 (Dkt. No. 4); Plaintiff's Motion to Remand, filed on October 21, 2019 (Dkt. No. 7); Defendants Malcom...
ORDER ELIZABETH S. BETSY CHESTNEY , Magistrate Judge . Before the Court is the above-styled cause of action, which was referred to the undersigned for all pretrial proceedings pursuant to Western District of Texas Local Rule CV-72 and Appendix C [#11]. On December 24, 2019, the Court received Plaintiff's Notice of Settlement [#24], informing the Court that this case has settled. Accordingly, IT IS HEREBY ORDERED that Defendants' Motion to Dismiss Plaintiff's First Amended Complaint...
SECOND AMENDED SCHEDULING ORDER ELIZABETH S. BETSY CHESTNEY , Magistrate Judge . Before the Court in the above-styled cause of action is the parties' Joint Motion to Extend Deadlines in the Scheduling Order [#53]. The Court will grant the motion. IT IS THEREFORE ORDERED that the parties' Joint Motion to Extend Deadlines in the Scheduling Order [#53] is GRANTED. IT IS FURTHER ORDERED that this Amended Scheduling Order is issued to control the remaining course of this case: 1. All...
ORDER ANDREW W. AUSTIN , Magistrate Judge . Before the Court are IBM's Motion to Exclude Expert Report and Testimony of Rhoma Young (Dkt. No. 89); Plaintiff's Response (Dkt. No. 110); IBM's Reply (Dkt. No. 144); and Plaintiff's Sur-Reply (Dkt. No. 182). The District Court referred the discovery dispute 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. I. BACKGROUND The Plaintiff,...
ORDER ANDREW W. AUSTIN , Magistrate Judge . Before the Court are Defendant IBM's Motion to Exclude Expert Report and Testimony of Daniel Kuang (Dkt. No. 93); IBM's Motion to Strike Supplemental Expert Report of Daniel Kuang (Dkt. No. 140); Plaintiff's Responses (Dkt. Nos. 138 & 163); and IBM's Replies (Dkt. Nos. 142 & 170). The District Court referred the motions to the undersigned 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...
MEMORANDUM OPINION AND ORDER ORLANDO L. GARCIA , Chief District Judge . Before the Court are pro se Petitioner Marino Paz's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 (ECF No. 1) and Respondent Davis's Answer (ECF No. 9) thereto. Petitioner challenges the constitutionality of his 2010 state court conviction for aggravated sexual assault of a child, arguing (1) his conviction was obtained in violation of his constitutional rights because there was no evidence to...
MEMORANDUM OPINION AND ORDER ON APPLICATION FOR PRELIMINARY INJUNCTION AND MOTION TO DISMISS LEE YEAKEL , District Judge . Before the court is the above-styled action that was removed from the 459th Judicial District Court of Travis County, Texas, on July 3, 2019 (Dkt. No. 1). Plaintiff Houston Independent School District ("Houston ISD") alleges that Defendants the Texas Education Agency, Commissioner of Education Mike Morath, and Conservator Doris Delaney 1 violated federal and state...
MEMORANDUM OPINION AND ORDER FRANK MONTALVO , District Judge . Patricio Alejandro Castaneda petitions the Court for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Pet'r's Pet., ECF No. 1-1. Castaneda challenges Respondent Lorie Davis's custody over him based on his conviction for assault on a public servant in El Paso, Texas. For the reasons discussed below, the Court will, on its own motion, dismiss Castaneda's petition. The Court will additionally deny him a certificate of...
MEMORANDUM OPINION ROYCE C. LAMBERTH , District Judge . Plaintiff John Eakin has filed a pro se Motion for Partial Summary Judgment pursuant to Federal Rule of Civil Procedure ("Fed. R. Civ. P.") 56(c). ECF No. 46. The United States Department of Defense opposes this motion. ECF No. 48. Upon consideration of the motion, opposition, reply (ECF No. 49), and sur-reply (ECF No. 52), the Court will deny Mr. Eakin's Motion for Partial Summary Judgment. BACKGROUND In 2010, Mr. Eakin brought...
MEMORANDUM OPINION AND ORDER ORLANDO L. GARCIA , Chief District Judge . Before the Court are pro se Petitioner Dominic Anderson's Second Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 (ECF No. 16) and Respondent Lorie Davis's Answer (ECF No. 17). Having reviewed the record and pleadings submitted by both parties, the Court concludes Petitioner is not entitled to relief under the standards prescribed by the Antiterrorism and Effective Death Penalty Act of 1996 (...
REPORT AND RECOMMENDATION AND ORDER 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 and Order concerns the following dispositive and nondispositive motions: the Motion to Dismiss filed by Defendants VHS San Antonio Partners, LLC d/b/a Baptist Medical Center (misnamed as Baptist Hospital System) and Matthew Stone (misnamed as Matt Stone, CEO, Baptist...
ORDER FOR DISMISSAL WITH PREJUDICE ELIZABETH S. ("BETSY") CHESTNEY , Magistrate Judge . Before the Court in the above-styled cause of action is the "Motion for Non-Suit with Prejudice" filed by Counter-Plaintiffs Wayne Randall Stock, Gerard Tuma, and B&S Tire Service, Inc. [#77]. By their motion, Counter-Plaintiffs inform the Court that they no longer desire to prosecute their causes of action against Counter-Defendant Richard Thornton and move to voluntarily dismiss their counterclaims...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE SUSAN HIGHTOWER , Magistrate Judge . TO: THE HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE. Before this Court is Defendants' Motion to Dismiss Plaintiff's Complaint Pursuant to FED. R. CIV. P. 12(b)(6), filed October 7, 2019 (Dkt. No. 5). Plaintiff did not file a Response. On September 30, 2019, the District Court referred the above case to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1), Federal Rule...
ORDER RETURNING CASE TO DISTRICT COURT ELIZABETH S. ("BETSY") CHESTNEY , Magistrate Judge . On this day, the undersigned issued a Report and Recommendation recommending this case be dismissed for want of prosecution. Accordingly, all matters referred to the Magistrate Judge have been considered and acted upon. IT IS THEREFORE ORDERED that the above-entitled and numbered case is RETURNED to the District Court for all purposes.
