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McCotter, 766 F.2d 179 (5th Cir.1985). The discovery rules ... Matt McKOOL, Plaintiff, v. The TRAVELERS INDEMNITY COMPANY, Defendant. , N.D.Tex., November 18, 2009 MEMORANDUM OPINION AND ORDER SAM A. LINDSAY, District Judge. On September 3, 2009, the court referred Defendant's Motion to Dismiss and Compel Arbitration to the Honorable United States Magistrate Judge Irma Carrillo Ramirez. On October 25, 2009, the Findings, Conclusions, and Recommendation of the United States Magistrate Judge ("Report") was filed. The magistrate judge found that the matter should be submitted to arbitration, that the issues of condition precedent and waiver should be submi... Spencer Larue PETERSON, Petitioner, v. Rick THALER, Respondent. , S.D.Tex., November 18, 2009 MEMORANDUM OPINION AND ORDER GRAY H. MILLER, District Judge. Petitioner Spencer Larue Peterson, a state inmate proceeding pro se, filed this section 2254 habeas petition challenging the sex offender registration conditions placed on his 2003 mandatory supervised release. Respondent filed a motion for summary judgment based on expiration of limitations. (Docket Entry No. 6.) The motion's certificate of service reflects that petitioner was served a copy of the motion on June 26, 2009. Id, p... Enrique Andrade MOSQUERA, Petitioner, v. Rick THALER, Respondent. , S.D.Tex., November 18, 2009 MEMORANDUM OPINION AND ORDER GRAY H. MILLER, District Judge. Petitioner Enrique Andrade Mosquera, a state inmate proceeding pro se, filed this section 2254 habeas petition challenging his 1998 capital murder conviction and life sentence. Respondent filed a motion for summary judgment based on expiration of limitations. (Docket Entry No. 14.) The motion's certificate of service reflects that petitioner was served a copy of the motion on August 31, 2009. Id, p. 11. Despite expiration of a r... Christian Dior CONNER, Petitioner, v. Rick THALER, Respondent. , S.D.Tex., November 18, 2009 MEMORANDUM OPINION AND ORDER GRAY H. MILLER, District Judge. Petitioner Christian Dior Conner, a state inmate proceeding pro se, filed this section 2254 habeas petition challenging his 2005 conviction and sentence for aggravated robbery. Respondent filed a motion to dismiss based on expiration of limitations. (Docket Entry No. 15.) The motion's certificate of service reflects that petitioner was served a copy of the motion on August 31, 2009. Id, p. 11. Despite expiration of a reasonable ... Michael JONES, v. CHEROKEE COUNTY, TEXAS, et al. , E.D.Tex., November 18, 2009 MEMORANDUM OPINION AND ORDER OF PARTIAL DISMISSAL JUDITH K. GUTHRIE, United States Magistrate Judge. Plaintiff Michael Jones, a Texas prison inmate, filed the above-styled and numbered civil rights lawsuit pursuant to 42 U.S.C. § 1983. The Defendants are Cherokee County and Lieutenant Deputy (now Captain) Chris White. The complaint was transferred to the undersigned with the consent of the parties pursuant to 28 U.S.C. § 636(c). The present Memorandum Opinion concerns the Defendants' motion f... WELLS FARGO BANK, N.A., et al., v. AMERICAN GENERAL LIFE INSURANCE COMPANY. , N.D.Tex., November 18, 2009 Ralph H. Duggins, Philip A. Vickers, Scott A. Fredricks, Cantey Hanger LLP, Fort Worth, TX, John E. Failla, Nathan Lander, Proskauer Rose LLP, New York, NY, for Plaintiffs. Amy B. Boyea, Edison McDowell & Hetherington LLP, Arlington, TX, David T. McDowell, Jarrett E. Ganer, Edison McDowell & Hetherington LLP, Houston, TX, for Defendant. ORDER GRANTING MOTION TO REMAND, DENYING MOTION TO SEVER, AND DECLARING MOTION TO AMEND MOOT TERRY R. MEANS, District Judge. Pending before the Court is ... William NULL, et al. v. Bobby EASLEY, et al. , N.D.Tex., November 18, 2009 ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS TERRY R. MEANS, District Judge. Pending before the Court is the Defendants' Motion to Dismiss (doc. # 18). After review, the Court concludes that defendant Bobby Easley, who died before this case was commenced, is without capacity to be sued. The Court further concludes that Plaintiffs' allegations in support of their claim under the Racketeer Influenced and Corrupt Organizations Act ("RICO") and claim of fraud are insufficient. As... Chuck KRUTILIS, Plaintiff, v. NPOT PARTNERS I, LP d/b/a Request Capital, Defendant. , E.D.Tex., November 17, 2009 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RICHARD A. SCHELL, District Judge. Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On October 5, 2009, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendant's Motion to Dismiss (Dkt.17) be GRANT... Jerry Wayne KING, Plaintiff, v. DALLAS COUNTY, Defendant. , N.D.Tex., November 17, 2009 ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARBARA M.G. LYNN, District Judge. After reviewing the Findings, Conclusions, and Recommendation of the United States Magistrate Judge for plain error, I am of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. SO ORDERED. FINDINGS, CONCLUSIONS, AND RECOMMENDATION IRMA CARRILLO RAMIREZ, United States Magistrate ... Debra Jan VAUGHN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendants. , N.D.Tex., November 17, 2009 ORDER SAM A. LINDSAY, District Judge. Plaintiff filed her complaint in this court on October 28, 2008, to appeal the ruling of the Commissioner of Social Security denying Plaintiff's requests for disability insurance benefits. The case was referred to United States Magistrate Judge Wm. F. Sanderson, Jr. pursuantto Special Order 3-251 and the provisions of 28 U.S.C. § 636(b). The Findings, Conclusions, and Recommendation of the United States Magistrate Judge (the "Report") was filed on Novembe... UTILITY TRAILER SALES OF SOUTHERN CALIFORNIA, LLC, Plaintiff, v. PAPERNET, INC., Defendant. , S.D.Tex., November 17, 2009 MEMORANDUM AND ORDER GEORGE P. KAZEN, Senior District Judge. Plaintiff, Utility Trailer Sales of Southern California, L.L.C. ("UTSSC"), filed a "Complaint for Declaratory Judgment & Application for Injunctive Relief" seeking an ex parte temporary restraining order and preliminary injunctive relief against Defendant, Papernet, Inc. (Dkt.1, Compl.) UTSSC's filing is supported by an affidavit by Ralph Thrasher, UTSSC's sales manager. (Dkt. 1-2, Thrasher Aff., Nov. 11, 2009.) UTSSC is a Calif... WEALTH RESCUE STRATEGIES, INC., et al., Plaintiffs, v. Robert W. THOMPSON, et al., Defendants. , S.D.Tex., November 17, 2009 ORDER GRAY H. MILLER, District Judge. Pending before the court is plaintiffs' Application to Appoint Arbitrator. Dkt. 33. After reviewing the parties' pleadings, responses, and the applicable law, the motion is DENIED. Also pending before the court is defendants' Motion to Compel FINRA Arbitration. Dkt. 36. After reviewing the parties' pleadings, responses, and the applicable law, the motion is GRANTED. I. BACKGROUND This action was transferred to this court in October 2008, and it inv... Glenn MILLER, Antonio Hill and Kiosha Davis, Plaintiffs, v. PROMINENCE SECURITY AGENCY, INC., d/b/a Prominence Pressure Washing & Painting, Prominence Limousine & Bodyguard Services, and Prominence Security Agency, and Donald Aikens, Defendants. , S.D.Tex., November 17, 2009 G. Scott Fiddler, Attorney at Law, Houston, TX, for Plaintiffs. Charles D. Rusciano, Attorney at Law, Houston, TX, for Defendants. MEMORANDUM OPINION NANCY K. JOHNSON, United States Magistrate Judge. Plaintiffs Glenn Miller ("Miller"), Antonio Hill ("Hill") and Kiosha Davis ("Davis") bring this action pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., for unpaid overtime pay. Miller also claims he was fired in retaliation for his filing the present suit. The part... Deanna DWYER, Individually and as Next Friend for Blake Dwyer, A Minor v. CITY OF CORINTH, TEXAS, A Texas Home Rule City, Debra Bradley, Chief of Police of the City of Corinth, Kevin Tyson, A Police Officer for the City of Corinth, Craig Hubbard, A, E.D.Tex., November 17, 2009 Michael Joseph Whitten, The Whitten Law Firm, Denton, TX, for Plaintiff. William W. Krueger, III, Stephen Douglas Henninger, Martin Disiere Jefferson & Wisdom, Douglas Dickson Fletcher, Keith Andrew Robb, Fletcher, Farley, Shipman & Salinas, LLP, Dallas, TX, for Defendants. MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE MICHAEL H. SCHNEIDER, District Judge. Came on for consideration the report of the United States Magistrate Judge in this action, this ma... Beverly FLEMING, et al. v. Derek A. NELSON, et al. , E.D.Tex., November 17, 2009 Douglas J. Brooks, Rockwall, TX, for Plaintiffs. MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE MICHAEL H. SCHNEIDER, District Judge. Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On October 23, 2009, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendatio... Gerald Cornelius ELDRIDGE, Petitioner, v. Rick THALER, Director, Texas Department of Criminal Justice-Correctional Institutions Division, Respondent. , S.D.Tex., November 17, 2009 Lee Wilson, Attorney at Law, Carlton Dalbey Wilde, Jr., Crady, Jewett & McCulley, LLP, Gregory N. Jones, Franklin Cardwell et al, Houston, TX, for Petitioner. Gena Blount Bunn, Georgette P. Oden, Carole S. Callaghan, Katherine D. Hayes, Texas Office of the Attorney General, Austin, TX, for Respondent. MEMORANDUM AND ORDER LEE H. ROSENTHAL, District Judge. Gerald Cornelius Eldridge is a Texas death-row inmate. He is scheduled for execution on November 17, 2009 at 6:00 p.m. On November 16... Adolph FRANKLIN, Jr., Plaintiff, v. Vernon PITTMAN, et al., Defendants. , S.D.Tex., November 17, 2009 Adolph Franklin, Jr., Huntsville, TX, pro se. ORDER OF DISMISSAL GRAY H. MILLER, District Judge. Plaintiff, a state inmate proceeding pro se, files this section 1983 complaint asserting that prison officer R.E. Garrett used excess force against him, causing him neck, face, and jaw pain. He complains that other officers did nothing to stop the assault, and that a disciplinary hearing officer unfairly found him guilty of a disciplinary infraction for assaulting Garrett. Plaintiff requests... Roger HART, Plaintiff, v. Kirk E. KANADY, Defendant. , S.D.Tex., November 17, 2009 MEMORANDUM AND ORDER NANCY F. ATLAS, District Judge. This case is before the Court on Roger Hart's Motion to Remand [Doc. # 4], to which Kirk E. Kanady filed a Response [Doc. # 8], and Hart filed a Reply [Doc. # 10]. [FN1] Based on a careful review of the full record and the application of relevant, persuasive legal authorities, the Court concludes that it lacks federal subject matter jurisdiction over this dispute. As a result, the Motion to Remand is granted. FN1. The caption "Roger Hart, ... COMMERCIAL METALS COMPANY, Plaintiff, v. Mark CHAZANOW, Michael Uhrick, Mark Wayne, and MI 3 Transport, LLC, Defendants. , N.D.Tex., November 17, 2009 MEMORANDUM OPINION AND ORDER JANE J. BOYLE, District Judge. Before the Court are (1) the Motion of Defendants Mark Chazanow, Michael Uhrick, and Mark Wayne ("Individual Defendants") to dismiss Plaintiff Commercial Metals Company's ("CMC") RICO and RICO conspiracy claims (doc. 5), and (2) the Motion of Defendant MI 3 Transport, LLC ("MI") that adopts and incorporates the Motion of the Individual Defendants and seeks the same relief. (doc. 7). For the reasons that follow, the Court GRANTS in pa... Barbara L. NEAL, Plaintiff v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. , N.D.Tex., November 16, 2009 R. Matthew Stewart, Kraft & Associates, Dallas, TX, for Plaintiff. Lisa Robin Hasday-DOJ, US Attorney's Office, Dallas, TX, for Defendant. ORDER DAVID C. GODBEY, District Judge. After making an independent review of the pleadings, files and records in this case, the Findings, Conclusions, and Recommendation of the of the United States Magistrate Judge, and the Defendant's objections to them, I am of the opinion that the Findings, Conclusions, and Recommendation of the Magistrate Judge ar... Even THOMAS, Plaintiff v. ODIS C. NORRIS, et al., Defendants. , E.D.Tex., November 16, 2009 Memorandum Opinion Re Motion to Dismiss EARL S. HINES, United States Magistrate Judge. This opinion addresses defendants' motion to dismiss, and, alternatively, motion for summary judgment. I. Parties; Nature of Suit Plaintiff, Even Thomas ("Thomas"), proceeds pro se, and is a resident of Beaumont, Jefferson County, Texas. He asserts causes of action arising out of his employment by Beaumont Independent School District ("BISD") as an assistant principal and teacher. Defendants are... Johnathan GOODWIN, Plaintiff, v. VENTANA APT PRESIDENT, Defendant. , N.D.Tex., November 16, 2009 ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARBARA M.G. LYNN, District Judge. United States Magistrate Judge William F. Sanderson, Jr., made findings, conclusions and a recommendation in this case. No objections were filed. The District Court reviewed the proposed findings, conclusions and recommendation for plain error. Finding none, the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge. IT ... In re Avdi PALUSHI. , N.D.Tex., November 16, 2009 ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE TUDGE A. JOE FISH, Senior District Judge. United States Magistrate Judge William F. Sanderson, Jr., made findings, conclusions and a recommendation in this case. No objections were filed. The district court reviewed the proposed findings, conclusions and recommendation for plain error. Finding none, the court accepts the findings, conclusions and recommendation of the United States Magistrate Judge. SO... Gary Wayne BARNES, Petitioner, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. , N.D.Tex., November 16, 2009 ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE REED O'CONNOR, District Judge. United States Magistrate Judge William F. Sanderson, Jr., made findings, conclusions and a recommendation in this case. No objections were filed. The District Court reviewed the proposed findings, conclusions and recommendation for plain error. Finding none, the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge. SO ORDE... M TEE ENTERPRISES, INC., et al., Plaintiffs, v. STOCK LOANS SERVICES, LLC, et al., Defendants. , N.D.Tex., November 16, 2009 MEMORANDUM OPINION AND ORDER SIDNE A. FITZWATER, Chief Judge. Defendant Stock Loan Services, LLC ("Stock Loan") [FN1] moves to remand this forcible detainer action to justice court. Concluding that the court lacks subject matter jurisdiction, it grants the motion and grants Stock Loan's request for attorney's fees, just costs, and actual expenses. FN1. The caption of the notice of removal misnames "Stock Loan Services, LLC" as "Stock Loans Services, LLC," although the body of the not... UNITED STUDENT AID FUNDS INC. v. MURACOMBI ENTERPRISES, INC. and ABC Wrecker Service. , N.D.Tex., November 16, 2009 OPINION AFTER NONJURY TRIAL TERRY R. MEANS, District Judge. Plaintiff United Student Aid Funds ("USAF") brings this suit under section 488 of the Higher Education Act of 1965 ("HEA"), 20 U.S.C. § 1095a, alleging that defendant Muracombi Enterprises, Inc. ("Muracombi"), which does business as ABC Wrecker Service ("ABC"), failed to comply with orders of withholding seeking a portion of the wages of one of its employees, Kelby Hubbard. At trial, the only remaining issue is whether USAF is entitl... Thomas Lane COKER, Petitioner, v. Rick THALER, Director, Respondant. , N.D.Tex., November 16, 2009 ORDER DAVID C. GODBEY, District Judge. This Order addresses the objections to the Magistrate Judge's Findings and Recommendation ("F & R"). I. RESPONDENT'S OBJECTION Respondent objects to the Magistrate Judge's failure to conduct a hearing on Petitioner Coker's claim for equitable estoppel, and instead dismissing on the merits. The F & R stated in pertinent part: As part of his answer, respondent reurges his affirmative defense that petitioner's claims are barred by the AEDPA statute... James HEADRICK, Petitioner, v. UNITED STATES of America, Respondent. , N.D.Tex., November 16, 2009 ORDER SIDNEY A. FITZWATER, Chief Judge. After conducting a de novo review, the court finds that the findings, conclusions, and recommendation of the magistrate judge are correct, and they are adopted as the findings and conclusions of the court. SO ORDERED. FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE PAUL D. STICKNEY, United States Magistrate Judge. This cause of action was referred to the United States Magistrate Judge pursuant to the provisions of Ti... Donna BURKHARDT, Plaintiff v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. , N.D.Tex., November 16, 2009 ORDER JANE J. BOYLE, District Judge. After making an independent review of the pleadings, files, and records in this case, and the Findings, Conclusions, and Recommendation of the of the United States Magistrate Judge, I am of the opinion that the Findings, Conclusions, and Recommendation of the Magistrate Judge are correct and are adopted as the Findings and Conclusions of the Court. It is therefore ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate... UNITED STATES of America v. Andre D. ROUTT, Defendant. , E.D.Tex., November 16, 2009 Memorandum and Order EARL S. HINES, United States Magistrate Judge. Defendant Routt's motion for a sentence reduction under 18 U.S.C. § 3582(c)(2) was denied on June 8, 2009. He filed a pro se notice of appeal on June 23, 2009. The court of appeals, noting that defendant's notice of appeal was not timely filed, [FN1] remanded this action to the district court to determine whether defendant has shown excusable neglect or good cause sufficient for the court to grant an additional 30 days in whi... Ronnie COLEMAN, Plaintiff, v. SENTINEL TRANSPORTATION, LLC, E.I. Du Pont De Nemours & Co, Conoco Phillips, Co., Randy Bailey, Joe Mireles, and Levi Smith, Defendant. , S.D.Tex., November 16, 2009 MEMORANDUM AND ORDER LEE H. ROSENTHAL, District Judge. In this employment discrimination suit, Ronnie Coleman alleges that he was subjected to unlawful discrimination based on his race and to retaliation based on his complaints about the discrimination. The defendants are Sentinel Transportation, LLC, Coleman's former employer; E.I. DuPont de Nemours and Company and ConocoPhillips, which, according to Coleman, are sued because Sentinel "is a partially owned subsidiary" of these two companies;... David THOMAS, Jr., Plaintiff, v. Houston Police Officers C. ZAKHARIA, C. Rozek, and M. Chapnick, Defendants. , S.D.Tex., November 16, 2009 ORDER GRAY H. MILLER, District Judge. Pending before the court is defendants' motion for summary judgment. Dkt. 35. Upon consideration of the motion, plaintiff's response, and the applicable law, the motion is DENIED. I. BACKGROUND On April 26, 2007, defendants Mark T. Chapnick ("Chapnick"), C.H. Rozek ("Rozek"), and Steven Zakharia ("Zakharia"), officers with the Houston Police Department, arrested plaintiff David Thomas, Jr. ("Thomas") on suspicion of drug possession in the restro... James Carl WEBB, Petitioner, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. , N.D.Tex., November 16, 2009 James Carl Webb, Amarillo, TX, pro se. ORDER OVERRULING OBJECTIONS. ADOPTING REPORT AND RECOMMENDATION. AND DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS MARY LOU ROBINSON, District Judge. Petitioner has filed with this Court a petition for a federal writ of habeas corpus. On October 21, 2009, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that the instant habeas application be dismissed. As of this date, no objections to the Magi... Michael BRACEWELL, Petitioner, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. , N.D.Tex., November 16, 2009 Michael Bracewell, Amarillo, TX, pro se. ORDER ADOPTING REPORT AND RECOMMENDATION and DENYING PETITION FOR A WRIT OF HABEAS CORPUS MARY LOU ROBINSON, District Judge. Petitioner has filed with this Court a petition for a federal writ of habeas corpus. On October 22, 2009, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that the instant habeas application be denied. As of this date, no objections to the Magistrate Judge's Report and Re... WRIGHT ASPHALT PRODUCTS CO., LLC, Plaintiff, v. PELICAN REFINING COMPANY, LLC, Defendant. , S.D.Tex., November 16, 2009 ORDER LEE H. ROSENTHAL, District Judge. At the Rule 16 conference held on November 10, 2009, defendant Pelican Refining Co., LLC submitted a bench brief requesting this court to stay discovery on the infringement claim until after claim construction is heard under Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996). Wright Asphalt opposed the request. A district court has discretion to limit the scope of discovery, and the Federal Circuit has held that it is not an abuse of discreti... Stanley R. WAY, Petitioner, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. , N.D.Tex., November 16, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION and DENYING PETITION FOR A WRIT OF HABEAS CORPUS MARY LOU ROBINSON, District Judge. Petitioner has filed with this Court a petition for a federal writ of habeas corpus. On October 22, 2009, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that the instant habeas application be denied. As of this date, no objections to the Magistrate Judge's Report and Recommendation have been filed of record. ... Luis LIMON, et al., Plaintiffs, v. DOUBLE EAGLE MARINE, L.L.C., Defendant. , S.D.Tex., November 16, 2009 MEMORANDUM OPINION AND ORDER GRAY H. MILLER, District Judge. Pending before the court is defendant Double Eagle Marine, L.L.C.'s ("Double Eagle") motion for summary judgment. Dkt. 8. Upon consideration of the parties' pleadings, the summary judgment evidence, and the applicable law, the court GRANTS Double Eagle's motion for summary judgment. I. BACKGROUND Plaintiffs Luis Limon, Manuel Olivarez, Jr., and Porfirio Montalvo, were injured on January 9, 2007, while traveling aboard a cr... Tom ALEXANDER, et al. v. HOLDEN BUSINESS FORMS, INC., et al. v. Jim Moody, et al. , N.D.Tex., November 16, 2009 ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT TERRY R. MEANS, District Judge. Pending before the Court is the Motion for Summary Judgment (doc. # 43) filed by plaintiffs Tom and Frank Alexander. After review, the Court concludes that the Alexanders have established, as a matter of law, their claims for past-due rent payments, for clean-up costs, for back taxes, and for amounts paid in attempting to relet the leased property and to extinguish a lien on the property. Th... CUMMINS-ALLISON CORP., Plaintiff, v. SBM CO., LTD. and Amro-Asian Trade, Inc., Defendants. , E.D.Tex., November 13, 2009 Clyde Moody Siebman, Edward L. Foote, and Lawrence Augustine Phillips, of Siebman Reynolds Burg & Phillips LLP, Sherman, TX, Peter C. McCabe, III and Scott J. Szala, of Winston & Strawn, Chicago, IL, David C. McKone, Jodi Rosen Wine, Justin D. Swindells, and Stephen G. Rudisill. of Nixon Peabody LLP, Chicago, IL, J. Thad Heartfield and M. Dru Montgomery, of The Heartfield Law Firm, Beaumont, TX, Jeffrey G. Knoll, of Cummins-Allison Corp, Mt. Prospect, IL, Jonathan C. Huckabay and William P. Schu... Leslie Ray TURNER, Petitioner, v. Rick THALER, [FN1] Respondent. FN1. The previous named respondent in this action was Nathaniel Quarterman. On July 15, 2009, Rick Thaler succeeded Quarterman as Director of the Texas Department of Criminal J, W.D.Tex., November 13, 2009 ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above- styled cause, and specifically Petitioner Leslie Ray Turner's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254[# 1], and the Report and Recommendation of the Magistrate Judge [# 12]. For the reasons set forth below, the undersigned finds Turner's Petition for Writ of Habeas Corpus should be DENIED. All matters in this case were referred to the Honorable Andrew Austin, United State... CENTER CAPITAL CORPORATION, Plaintiff, v. M.B. BENDER COMPANY, INC., and Robert E. Bender, Defendants. , W.D.Tex., November 13, 2009 ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above- styled cause, and specifically Plaintiff Center Capital Corporation ("CCC")'s Motion for Default Judgment [# 6]. After considering the motion, the relevant law, and the case file as a whole, the Court enters the following opinion and order. Background This is an action for breach of contract and guaranty. CCC alleges it entered into a loan and security agreement with Defendants M.B. Bend... Hermelinda GARZA, Plaintiff, v. NORTH EAST INDEPENDENT SCHOOL DISTRICT, Lesha Squires, Carol Flanigan, Diana Montemayor, Defendants. , W.D.Tex., November 13, 2009 REPORT AND RECOMMENDATION NANCY STEIN NOWAK, United States Magistrate Judge. TO: Honorable Fred Biery United States District Judge This report and recommendation recommends dismissing the claims against defendants Lesha Squires, Carol Flanigan and Diana Montemayor (together, the employees). The employees work for defendant Northeast Independent School District (the school district). Plaintiff Hermelinda Garza sued the school district and the employees for employment discrimination under Title... THERMAPURE, INC. v. WATER OUT DRYING CORP. , E.D.Tex., November 13, 2009 Sidney Calvin Capshaw, III, Elizabeth L. Derieux, Capshaw Derieux, LLP, Longview, TX, Deborah J. Race, Otis W. Carroll, Jr., Ireland Carroll & Kelley, Charles Ainsworth, Robert Christopher Bunt, Robert M. Parker, Tyler, TX, Franklin Jones, Jr., Jones & Jones, Marshall, TX, John Jeffrey Eichmann, Julien Antonio Adams, Dovel & Luner, Santa Monica, CA, for Thermapure, Inc. Eric William Buether, Jamie A. Mathew, Greenberg Traurig, Dallas, TX, for Water Out Drying Corp. MEMORANDUM OPINION AND OR... Larry M. GENTILELLO, M.D., Plaintiff, v. Robert V. REGE, M.D. and Alfred G. Gilman, M.D., Ph.D., Defendants. , N.D.Tex., November 13, 2009 Charla G. Aldous, Aldous Law Firm, Cynthia Shea Goosen, Diana L. Faust, R. Brent Cooper, Cooper & Scully PC, Jeffrey H. Rasansky, Rasansky Law Firm, Dallas, TX, for Plaintiff. Michael W. Youtt, C. Brannon Robertson, Jeremiah J. Anderson, King & Spalding, LLP, Houston, TX, Michael C. Steindorf, Scott P. Drake, Shea R. Haass, Fulbright & Jaworski, Dallas, TX, for Defendants. MEMORANDUM OPINION AND ORDER ED KINKEADE, District Judge. Before the Court is Defendants Dr. Robert V. Rege and Dr. ... UNITED STATES of America v. Tonia Mikaela FLOYD. , E.D.Tex., November 13, 2009 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RICHARD A. SCHELL, District Judge. Came on for consideration the above-referenced criminal action, this Court having heretofore referred the request for the revocation of Defendant's supervised release to the United States Magistrate Judge for proper consideration. Having received the report of the United States Magistrate Judge pursuant to its order, and the Defendant having appeared before the undersigned to... Karen DAVISON, Plaintiff, v. PLANO INDEPENDENT SCHOOL DISTRICT, Defendant. , E.D.Tex., November 13, 2009 MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S REQUEST FOR FURTHER EXTENSION OF THE DEADLINE TO RESPOND TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT RICHARD A. SCHELL, District Judge. Before the court are "Plaintiff's Supplementary Request to Retain Counsel" (Dkt.59) and "Plano ISD's Reply to Plaintiff's Supplementary Response to Request to Retain Counsel" (Dkt.58). On October 20, 2009, this court issued an order extending Plaintiff's time to respond to Defendant's motion for summary judgment... Earnest HOYE, Plaintiff, v. UPSHUR COUNTY TEXAS, Defendant. , E.D.Tex., November 13, 2009 MEMORANDUM OPINION AND ORDER MICHAEL H. SCHNEIDER, District Judge. Before the Court is Defendant Upshur County's Motion for Summary Judgment (Doc. No. 28). Upon due consideration of the pleadings, responsive filings, and the governing law, the Court DENIES Defendant's motion. I. Background Plaintiff Earnest Hoye, an African-American male, has been employed by the Upshur County Road and Bridge Department since 2002 as a lightweight equipment operator. The Road and Bridge Department is admini... Sidney MUSGROVE, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.Tex., November 13, 2009 MEMORANDUM OPINION AND ORDER JEFF KAPLAN, United States Magistrate Judge. Plaintiff Sidney Musgrove seeks judicial review of a final adverse decision of the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g). For the reasons stated herein, the hearing decision is affirmed. I. Plaintiff alleges that he is disabled due to a variety of ailments, including sleep apnea, hypertension, back pain, and right knee problems. After his application for disability benefits was denied init... Karen DAVISON, Plaintiff, v. PLANO INDEPENDENT SCHOOL DISTRICT, Defendant. , E.D.Tex., November 13, 2009 MEMORANDUM ADOPTING IN PART THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RICHARD A. SCHELL, District Judge. Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On August 25, 2009, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that the settlement agreement in this ma... EsNTION RECORDS, INC. a/k/a EsNtion a/k/a EsNtion Silver a/k/a EsNtion Latino a/k/a Forever Soul, Plaintiff, v. TRITONTM, INC. d/b/a TM Studios, Inc., f/k/a Jonestm, Inc. a/k/a Jones TM, a/k/a or f/k/a TM Century, Inc., a/k/a or f/k/a TM Century, D, N.D.Tex., November 13, 2009 Wendy B. Mills, The Law Office of Wendy B. Mills, Dallas, TX, for Plaintiff. Bruce C. Morris, Danya Wayland Blair, Beirne Maynard & Parsons, Houston, TX, Sarah Brooke Davis, Beirne Maynard & Parsons LLP, Dallas, TX, for Defendant. MEMORANDUM OPINION AND ORDER SAM A. LINDSAY, District Judge. Before the court are: (1) Defendant's Motion for Summary Judgment, filed March 23, 2009; (2) Plaintiff's Countermotion for Summary Judgment, filed July 20, 2009; (3) Defendant's Motion Seeking to Excl... Bobby Joe LOPEZ, Petitioner, v. Rick THALER, Director, Texas Department of Criminal Justice--Correctional Institutions Division, Respondent. [FN1]FN1. The petition names Nathaniel Quarterman as the respondent. Because Quarterman has retired as Dire, S.D.Tex., November 12, 2009 MEMORANDUM AND ORDER KENNETH M. HOYT, District Judge. Texas inmate Bobby Joe Lopez (TDCJ # 1337193) has filed a federal petition for a writ of habeas corpus under 28 U.S.C. § 2254, seeking relief from a state court conviction. The respondent has answered with a motion for summary judgment, arguing that Lopez is not entitled to relief. (Docket No. 17). Lopez has filed a response. (Docket No. 21). After considering all of the pleadings, the state court records, and the applicable law, this Cour... Rodrigo Vargas VASQUEZ, Petitioner, v. Rick THALER, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. , S.D.Tex., November 12, 2009 MEMORANDUM AND RECOMMENDATION GRANTING RESPONDENT'S MOTION FOR SUMMARY JUDGMENT FRANCES H. STACY, United States Magistrate Judge. Before the Magistrate Judge in this proceeding brought pursuant to 28 U.S.C. § 2254 is Respondent's Motion for Summary Judgment (duplicate Document Nos. 9 & 10) against Petitioner's Federal Application for Writ of Habeas Corpus (Document No. 1). Having considered the motion, the response in opposition (Document No. 16), the claim raised by Petitioner in his § 2254 ... Birgitt EYSSELINCK, Plaintiff, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U S Department of Labor, et al, Defendants. , S.D.Tex., November 12, 2009 OPINION & ORDER MELINDA HARMON, District Judge. Pending before the Court are Magistrate Judge Stacy's Memorandum and Recommendation (Doc. 19) recommending the Benefit Review Board's decision be affirmed, and Petitioner Birgitt Eysselinck's Objections thereto (Doc. 20). For the reasons explained below, the Court adopts Judge Stacy's recommendation in full. This case concerns whether Petitioner as the wife of a decedent who worked for a public defense contractor is owed benefits. Under the a... Idella BUTLER, Plaintiff, v. ARCHDIOCESE OF GALVESTON HOUSTON, et al, Defendants. , S.D.Tex., November 12, 2009 OPINION & ORDER MELINDA HARMON, District Judge. Presently before the Court is Defendants Archdiocese of Galveston- Houston and Saint Philip Neri Catholic School's motion to dismiss the case pursuant to Federal Rule of Civil Procedure 12(b) (1), 12(b)(6) and 56 (Doc. 29) and Plaintiff Idella Butler's response (Doc. 32). Upon careful review and consideration of this motion, the response, as well as the relevant legal authority, and for the reasons explained below, the Court finds that Defendant... Graham LEINNEWEBER and Kelly Leinneweber, Plaintiffs, v. UNICARE LIFE & HEALTH INSURANCE COMPANY and Benchmark Insurance Group, Inc., Defendants. , W.D.Tex., November 12, 2009 ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above- styled cause, and specifically Plaintiffs Graham Leinneweber and Kelly Leinneweber (the "Leinnewebers")'s Motion to Remand [# 5], Defendant UniCare Life & Health Insurance Company ("UniCare")'s Response, and Defendant Benchmark Insurance Group, Inc. ("Benchmark")'s unopposed Rule 12(b)(6) Motion to Dismiss [# 7]. Benchmark's motion has been on file since October 13, 2009 and is, to date, u... Kenneth Edward SHORT, Petitioner, v. Rick THALER, Director, Texas Dept. of Criminal Justice-Correctional Institutions Division, Respondent. , W.D.Tex., November 12, 2009 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ROBERT PITMAN, United States 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 Magistrates, as amended, effectiv... Will BLACK, et al, Plaintiffs, v. XPRESS GLOBAL SYSTEMS, INC. f/k/a CSI/Crown, Inc., Defendant. , S.D.Tex., November 12, 2009 MEMORANDUM OPINION AND ORDER OF REMAND KENNETH M. HOYT, District Judge. I. Introduction Pending before the Court is the defendant Xpress Global Systems, Inc.'s ("XGS") motion to dismiss pursuant Federal Rule of Civil Procedure 12(b)(6) (Docket Entry No. 3). The plaintiffs, Will Black and Donna Black (collectively, the "Blacks"), submitted a response to this motion (Docket Entry No. 5) and a supplemental response to this motion (Docket Entry No. 6). XGS filed a reply to the Blacks' responses ... LEISURE LIFE SENIOR APARTMENT HOUSING II, LTD. d/b/a Park at Bellaire, Plaintiff, v. LLOYDS OF LONDON, et al., Defendants. , S.D.Tex., November 12, 2009 MEMORANDUM AND ORDER NANCY F. ATLAS, District Judge. This insurance case is before the Court on the Motion to Remand ("Motion") [Doc. # 7] filed by Plaintiff Leisure Life Senior Apartment Housing II, Ltd. d/b/a Park at Bellaire ("Leisure Life"). Defendants Certain Underwriters at Lloyds of London ("Lloyds") file a Response [Doc. # 8] in opposition to the Motion. Having reviewed the full record and the applicable legal authorities, the Court grants the Motion to Remand. I. FACTUAL AND PROC... Susan PENNINGTON, Plaintiff, v. The TEXAS HEALTH AND HUMAN SERVICES COMMISSION and the Texas Department of Family and Protective Services, Defendants. , W.D.Tex., November 12, 2009 ORDER SAM SPARKS, District Judge. BE IT REMEMBERED that on November 4, 2009, the Court called the above- styled cause for a hearing on all pending matters and the parties appeared, either in person or through counsel. Having reviewed the file, and specifically Defendants Texas Health and Human Services Commission ("HHSC") and the Texas Department of Family and Protective Services ("DFPS")'s Motion for Partial Dismissal [# 10], Plaintiff Susan Pennington ("Pennington")'s Response [# 16], and D... BEAD FILTERS INTERNATIONAL, LLC and Ronald F. Malone, Plaintiffs, v. Christopher MILLS and International Filter Solutions, Inc., Defendants. , W.D.Tex., November 12, 2009 ORDER ON MOTION TO ENFORCE PROTECTIVE ORDER AND SANCTIONS XAVIER RODRIGUEZ, District Judge. On this day, the Court considered Plaintiffs' Motion to Enforce the Protective Order and Motion for Sanctions (Docket Entry No. 46). Having reviewed Plaintiffs' motion and Defendants' response, the Court hereby GRANTS the motion in accordance with the ORDERS set forth below. Background Bead Filters International, LLC and Ronald F. Malone ("Plaintiffs") filed suit against Christopher Mills and Interna... Joanna McGlothin NAVARRO, et al., Plaintiffs, v. SOARING HELMET CORP. and Vega Helmet Corporation, Defendants. , W.D.Tex., November 12, 2009 Christopher V. Goodpastor, Daniel A. Longoria, Watts Guerra Craft LLP, James L. Wright, Environmental Litigation Group, PC, Austin, TX, David Tarrant Bright , Watts Law Firm, LLP, Corpus Christi, TX, Mikal C. Watts, Watts Guerra Craft, LLP, San Antonio, TX, for Plaintiffs. Spencer Edwards, Steven F. Hudgins, The Hudgins Law Firm, Houston, TX, for Defendants. ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above- styled cause, and speci... UNITED STATES of America, Plaintiff-Respondent, v. Sergio RUBALCABA-RAMIREZ, Defendant-Movant. , S.D.Tex., November 12, 2009 James L. Turner, Financial Litigation, U.S. Attorney's Office, Houston, TX, Mark W Patterson, Office of The U.S. Attorney, U.S. Marshal - CC, U.S. Pretrial SVCS-CC, U.S. Probation - CC, Corpus Christi, TX, for Plaintiff. MEMORANDUM OPINION AND ORDER DENYING MOTION TO REDUCE SENTENCE HAYDEN HEAD, Chief Judge. Pending before the Court is a pro se letter motion filed by Defendant Sergio Rubalcaba-Ramirez ("Rubalcaba"), which the Clerk is directed to docket as a motion to reduce sentence. Altho... Wendy GUZMAN, Individually and as Next Friend of T.G., a Minor, Plaintiffs, v. MEMORIAL HERMANN HOSPITAL SYSTEM d/b/a Memorial Hermann Southeast Hospital, et al., Defendants. , S.D.Tex., November 12, 2009 MEMORANDUM AND ORDER LEE H. ROSENTHAL, District Judge. This medical malpractice suit is in federal court after removal based on a federal statutory claim against the hospital. The case arises out of emergency-room care Dr. Philip A. Haynes provided to plaintiff Wendy Guzman's minor son, T.G., at Memorial Hermann Southeast Hospital (Memorial Hermann) in February 2006. Guzman had sued Memorial Hermann under the Emergency Medical Treatment and Active Labor Act ("EMTALA"), 42 U.S.C. § 1395dd. Thi... UNITED STATES of America v. Rinson RIASCOS-CAICEDO. , S.D.Tex., November 12, 2009 MEMORANDUM OPINION AND ORDER KEITH P. ELLISON, District Judge. Before the Court is Defendant's section 2255 motion complaining of ineffective assistance of counsel and requesting a post-sentencing reduction of his sentence. (Docket Entry No. 309.) Defendant entered a plea of guilty to one count of conspiracy to distribute 5 kilograms or more of cocaine and was sentenced on March 11, 2009, to 50 months incarceration followed by a five-year term of supervised release. Defendant asserts that ... BR TANK, LLC, Plaintiff and Counterdefendant, v. HOLCIM (US) INC., Defendant and Counterplaintiff. , S.D.Tex., November 12, 2009 MEMORANDUM OPINION AND ORDER SIM LAKE, District Judge. BR Tank, LLC, brings this action against Holcim (US) Inc., seeking a declaratory judgment that a lease between the parties for terminal facilities in Louisiana is still valid (Docket Entry No. 1). Holcim has moved to transfer this action to the United States District Court for the Middle District of Louisiana pursuant to 28 U .S.C. § 1404(a) (Docket Entry No. 3). For the reasons explained below, the court will grant Holcim's Motion to Tra... Troy Lee PERKINS, Plaintiff, v. Bret E. MARTIN, Defendant. , N.D.Tex., November 12, 2009 ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE DAVID C. GODBEY, District Judge. After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings ... Michael WILLIAMS, Petitioner, v. Rick THALER, Texas Department of Criminal Justice, Correctional Institutions Div., Respondent. [FN1]FN1. The previously-named respondent in this action was Nathaniel Quarterman. On July 15, 2009, Rick Thaler succeed, N.D.Tex., November 12, 2009 ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE DAVID C. GODBEY, District Judge. United States Magistrate Judge William F. Sanderson, Jr., made findings, conclusions and a recommendation in this case. No objections were filed. The District Court reviewed the proposed findings, conclusions and recommendation for plain error. Finding none, the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge. FINDINGS,... Jeff PAUL, et al., Plaintiffs, v. AVIVA LIFE AND ANNUITY COMPANY, et al., Defendants. , N.D.Tex., November 12, 2009 MEMORANDUM ORDER JEFF KAPLAN, United States Magistrate Judge. Plaintiffs have filed a motion for limited expedited discovery so their attorneys can subpoena a key witness, Mel Abrams, for a deposition before the parties conduct a Rule 26(f) conference. According to plaintiffs, Abrams suffers from Multiple System Atrophy ("MSA"), a degenerative neurological disorder that can progress into cerebellar dyfunction and autonomic dysfunction. As a result of this debilitating condition, plaintiffs ar... Billy Reese McMILLAN, Jr., Plaintiff, v. Deputy Patrick RICHMOND, et al., Defendants. , N.D.Tex., November 12, 2009 ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE A. JOE FISH, Senior District Judge. After reviewing all relevant matters of record in this case, including the findings, conclusions, and recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned district judge is of the opinion that the findings and conclusions of the magistrate judge are correct and they are accepted as the findin... Troy Lee PERKINS, Plaintiff, v. Andrew M. CHATITAM, et al., Defendants. , N.D.Tex., November 12, 2009 ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE A. JOE FISH, Senior District Judge. After reviewing all relevant matters of record in this case, including the findings, conclusions, and recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned district judge is of the opinion that the findings and conclusions of the magistrate judge are correct and they are accepted as the findin... Quincy Lamon WALTERS, Petitioner, v. UNITED STATES of America, Respondent. , N.D.Tex., November 12, 2009 ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE DAVID C. GODBEY, District Judge. United States Magistrate Judge William F. Sanderson, Jr., made findings, conclusions and a recommendation in this case. No objections were filed. The District Court reviewed the proposed findings, conclusions and recommendation for plain error. Finding none, the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge. FINDIN... UNITED STATES of America v. Timothy MOORE. , E.D.Tex., November 12, 2009 Richard John Johnson, U.S. Attorney's Office, Sherman, TX, for United States of America. Denise S. Benson, Federal Defender's Office, Sherman, TX, for Timothy Moore. MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE MARCIA A. CRONE, District Judge. Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On Octo... PINNACLE LABEL, INC., Plaintiff, v. SPINNAKER COATING, LLC, Defendant. , N.D.Tex., November 12, 2009 Steven R. Shaver, Shaver Law Firm PLLC, Mesquite, TX, for Plaintiff. Brian W. McKay, Robin P. Hartmann, Haynes & Boone LLP, Dallas, TX, for Defendant. MEMORANDUM OPINION AND ORDER SIDNEY A. FITZWATER, Chief Judge. Defendant Spinnaker Coating, LLC ("Spinnaker") moves to dismiss the claims against it for lack of personal jurisdiction, improper venue, failure to state a claim upon which relief can be granted, and, pursuant to Fed.R.Civ.P. 9(b), for failure to state with particularity circum... Saul ARROYO, v. Director, TDCJ-CID. , E.D.Tex., November 12, 2009 Saul Arroyo, Gatesville, TX, pro se. ORDER OF DISMISSAL LEONARD DAVIS, District Judge. The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge Judith K. Guthrie, who issued a Report and Recommendation concluding that the petition for a writ of habeas corpus should be dismissed for failure to exhaust state habeas corpus remedies. The Petitioner has filed objections. The Report of the Magistrate Judge, which contains her proposed findings of f... Ritchie LYNCH, v. UNITED STATES of America, et al. , E.D.Tex., November 12, 2009 Ritchie Lynch, Anthony, TX, pro se. Bradley E. Visosky, U.S. Attorney's Office, Plano, TX, Thomas Edward Gibson, U.S. Attorney's Office, Tyler, TX, Alan David Harrel, Atchley, Russell, Waldrop & Hlavinka, Texarkana, TX, Jessica Paige Sykora, Fulbright & Jaworski, Houston, TX, for Defendant. ORDER OF DISMISSAL DAVID FOLSOM, District Judge. The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge Caroline M. Craven, who issued a Second Report a... Desonnier Kinte FORWARD v. Joseph WALKER, et al. , E.D.Tex., November 12, 2009 Desonnier Kinte Forward, Beaumont, TX, pro se. MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION THAD HEARTFIELD, District Judge. Plaintiff Desonnier Kinte Forward, an inmate at the Gist State Jail, proceeding pro se, brought this civil rights suit pursuant to 42 U.S.C. § 1983. The court referred this matter to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. T... Ricky D. CAVIT, Plaintiff, v. DALLAS COUNTY JUDICIAL COURT, 363 Court, et al., Defendants. , N.D.Tex., November 12, 2009 ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE DAVID C. GODBEY, District Judge. After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings ... Habib SURANI, Plaintiff, v. FIRST NATIONAL BANK OF BURLESON, Defendant. , N.D.Tex., November 12, 2009 ORDER DAVID C. GODBEY, District Judge. After making an independent review of the pleadings, files, and records in this case, and the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the Court finds that the findings, conclusions, and recommendation of the Magistrate Judge are correct, and they should be adopted. IT IS, THEREFORE, ORDERED that the findings, conclusions, and recommendation of the United States Magistrate Judge are adopted. FINDINGS, CONCLUSI... Terrant PAYNE v. Reginald GOINGS. , E.D.Tex., November 12, 2009 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION THAD HEARTFIELD, District Judge. Terrant Payne, proceeding pro se, filed the above-styled lawsuit. The court referred this matter to the Honorable Keith F. GIblin, United States Magistrate Judge, for consideration pursuant to applicable orders of this court. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge recommending this lawsuit be dismissed for failure to state a clai... Elton Larrie STAFFORD v. DIRECTOR, TDCJ-CID. , E.D.Tex., November 12, 2009 MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION THAD HEARTFIELD, District Judge. Petitioner Elton Larrie Stafford, a prisoner confined at the Wynne Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The court ordered that this matter be referred to the Honorable Keith F. Giblin, United States Magistrate Judge, at ... John WARREN v. TELFORD UNIT MEDICAL DEPARTMENT, et al. , E.D.Tex., November 12, 2009 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT DAVID FOLSOM, District Judge. The Plaintiff John Warren, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. § 1983 complaining of alleged deprivations of his constitutional rights. This Court ordered that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the A... AICCO, INC., Plaintiff, v. TRADESTAR CONSTRUCTION SERVICES, INC., Defendant. , S.D.Tex., November 11, 2009 OPINION AND ORDER MELINDA HARMON, District Judge. Pending before the Court is Plaintiff AICCO, Inc.'s (AICCO) summary judgment motion (Doc. 11). Upon review and consideration of this document, Defendant Tradestar Construction Services, Inc.'s (Tradestar) limited response thereto (Doc. 16), the entire record in this cause, and the relevant legal authority, the Court finds that this motion should be granted-inpart and denied-in-part. I. Background and Relevant Facts Plaintiff AICCO initiated... VLADMIR LTD., Plaintiff, v. PACIFIC PARTS SUPPLY CO., INC., and Delmer E. Rogair, Defendants. , W.D.Tex., November 10, 2009 ORDER ON MOTION FOR LEAVE TO AMEND COUNTERCLAIM XAVIER RODRIGUEZ, District Judge. On this day, the Court considered Defendants' Motion for Leave to File their Third Amended Counterclaim (Docket Entry No. 76). Having reviewed the motion and Plaintiff's response, the Court DENIES Defendant's motion for leave. Background Plaintiff Vladmir Ltd. ("Vladmir") is a HVAC component distributor that intended to establish a business relationship to obtain certain motor-run air conditioning capacitors f... Cary Evan GIAMALVA, Petitioner, v. Rick THALER, Respondent. , S.D.Tex., November 10, 2009 MEMORANDUM AND OPINION LEE H. ROSENTHAL, District Judge. The petitioner, Cary Evan Giamalva, seeks habeas corpus relief under 28 U.S.C. § 2254. He challenges a state felony conviction for assault of a family member. The respondent has moved for summary judgment on the ground that the petition was filed too late. (Docket Entry No. 20). The respondent has provided the court with a copy of the state court record. Giamalva has filed an objection to the summary judgment motion, (Docket Entry No. ... ENCLAVE ARLINGTON ASSOCIATES LIMITED PARTNERSHIP, Plaintiff, v. CITY OF ARLINGTON, TEXAS, Defendant. , N.D.Tex., November 10, 2009 Stephen C. Carlin, Greenberg Traurig, Dallas, TX, R. Craig Woods, Greenberg Traurig, Dallas, TX, for Plaintiff. David Michael Hymer, Christian Dennie, Dwayne J. Hermes, Gina Viccinelli, Hermes Sargent Bates, LLP, Dallas, TX, Melinda Hoffman Barlow, City of Arlington Attorney's Office, Arlington, TX, for Defendant. MEMORANDUM OPINION and ORDER JOHN McBRIDE, District Judge. Came on for consideration the motion of defendant, City of Arlington, Texas, for summary judgment as to all claims an... John Kareem WANNAMAKER, Petitioner, v. UNITED STATES of America., Respondent. , N.D.Tex., November 10, 2009 John Wannamaker, Texarkana, pro se. MEMORANDUM OPINION AND ORDER ED KINKEADE, District Judge. Before the Court for consideration is Petitioner John Kareem Wannamaker's pro se motion to vacate, set aside or correct the sentence pursuant to 28 U.S.C. § 2255. The Court did not issue process in this case pending preliminary screening. For the reasons set out below, the Court concludes that the § 2255 motion is barred by the one-year statute of limitations and should be dismissed. STATEMENT OF... UNITED STATES of America, Plaintiff/Respondent, v. Fernando MEDINA-PALOMO, Defendant/Movant. , S.D.Tex., November 10, 2009 Lance Andrew Watt, United States Attorneys Office, Corpus Christi, TX, for Plaintiff/Respondent. Financial Litigation, US Attorney's Office, Houston, TX, US Marshal, US Pretrial Svcs, US Probation, Gerardo Carlos Flores, Federal Public Defender's Office, Corpus Christi Interpreter, US District Court, Corpus Christi, TX, for Defendant/Movant. ORDER SETTING EVIDENTIARY HEARING AND APPOINTING COUNSEL JANIS GRAHAM JACK, District Judge. Pending before the Court is Fernando Medina-Palomo's ("... Yolanda DENSON, on behalf of F.B., a minor Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , S.D.Tex., November 10, 2009 OPINION ON SUMMARY JUDGMENT STEPHEN WM. SMITH, United States Magistrate Judge. This social security case is before the court on plaintiff Yolanda Denson's motion for summary judgment. (Dkt.14.) For the following reasons, the court denies Denson's motion and affirms the Commissioners decision. Background On October 4, 2007, F.B.'s mother, Yolanda Denson, filed an application for Supplemental Security Income benefits(SSI) on behalf of her son F.B., alleging that he is disabled due to attentio... UNITED STATES of America v. DONG DANG HUYNH. , S.D.Tex., November 10, 2009 OPINION & ORDER MELINDA HARMON, District Judge. Pending before the Court is Defendant Dong Dang Huynh's ("Dong") post- hearing brief and provisional motion for a new trial (Doc. 323), incorporating Dong's previously filed notice of conflict of interest (Doc. 297) and motion for leave to file an out-of-time motion for a new trial (Doc. 302). Upon review and consideration of this motion, the Government's response (Doc. 324), incorporating its previously filed opposition to the notice and first ... SUZLON WIND ENERGY CORPORATION and Codan Forsikring A/S, Plaintiffs, v. FITZLEY, INC., Ats Wind Energy Services, Anderson Trucking Services, Inc., ATS Logistics Services, Inc., and ATS Specialized, Inc., Defendants. , S.D.Tex., November 10, 2009 MEMORANDUM AND ORDER NANCY F. ATLAS, District Judge. The Court addresses in this Memorandum and Order the Amended Motion to Strike Testimony and Opinions of Plaintiffs' Expert Witness [Docs. # 52, # 33] filed by Defendants ATS Wind Energy Services, Anderson Trucking Services, Inc., ATS Logistics Services, Inc., and ATS Specialized, Inc. This case arises from damage sustained to a cargo of expensive wind energy equipment, a nacelle, [FN1] during shipment from Freeport, Texas, to its ultimate ... DEEP NINES, INC., Plaintiff, v. McAFEE, INC. and Secure Computing Corp., Defendants. , E.D.Tex., November 10, 2009 ORDER DENYING DEFENDANT'S MOTION TO CHANGE VENUE RON CLARK, District Judge. Plaintiff Deep Nines, Inc. filed suit against Defendants McAfee, Inc. and Secure Computing Corp., alleging that certain products infringe United States Patent Nos. 7,058,976; 6,930,978; and 7,380,272. The '976 patent describes a system and method for detecting and preventing attacks on a communications network. The '978 patent is a continuation-in-part of the ' 976 patent, and the '272 patent is a continuation-in-part... UNITED STATES of America v. Aerron Phillip DOWDY. , E.D.Tex., November 10, 2009 Heather Harris Rattan, US Attorney's Office, Plano, TX, for United States of America. MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RICHARD A. SCHELL, District Judge. Came on for consideration the above-referenced criminal action, this court having heretofore referred the request for modification of Defendant's supervised release to the United States Magistrate Judge for proper consideration. The court has received the report of the United States Magist... VASUDEVAN SOFTWARE, INC., Plaintiff, v. INTERNATIONAL BUSINESS MACHINES CORP. and Oracle Corp., Defendants. , E.D.Tex., November 10, 2009 MEMORANDUM OPINION AND ORDER T. JOHN WARD, District Judge. Before the Court is Defendants' Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a) to the Northern District of California. (Dkt. No. 39.) After carefully considering the facts and arguments presented and the applicable law, the Court GRANTS Defendants' motion to transfer. I. BACKGROUND Plaintiff Vasudevan Software, Inc. ("Plaintiff" or "VSi") brings this patent infringement lawsuit alleging that defendants International Busi... UNITED STATES of America v. David Arthur WILSON. , E.D.Tex., November 10, 2009 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE MICHAEL H. SCHNEIDER, District Judge. Came on for consideration the above-referenced criminal action, this Court having heretofore referred the request for modification of Defendant's supervised release to the United States Magistrate Judge for proper consideration. The Court has received the report of the United States Magistrate Judge pursuant to its order. Defendant having waived allocution before this Cour... Robert C. REHFUSS and Jo Ann Rehfuss, Plaintiffs, v. GUADALUPE COUNTY, TEXAS, Defendant. , W.D.Tex., November 10, 2009 REPORT AND RECOMMENDATION NANCY STEIN NOWAK, United States Magistrate Judge. TO: Honorable Fred Biery United States District Judge This report and recommendation recommends dismissing this case. Previously, the district judge referred to me the motions to proceed in forma pauperis filed by plaintiffs Robert C. Rehfuss and Jo Ann Rehfuss (together, the Rehfusses). In considering the motions, I observed that this case is appropriately dismissed under 28 U.S.C. § 1915(e). I also determined that ... MAN FERROSTAAL, INC., Plaintiff, v. OLDENDORFF CARRIERS GMBH & CO., Egon Oldendorff OHG, and Sextant Maritime, Defendants. , S.D.Tex., November 10, 2009 MEMORANDUM AND ORDER NANCY F. ATLAS, District Judge. In this case brought to recover for damaged sea cargo, Defendants Oldendorff Carriers GmbH & Co. and Egon Oldendorff OHG ("Oldendorff Defendants") filed a Motion to Dismiss for Insufficient Service of Process and Alternative Motion for Summary Judgment [Doc. # 6] ("Oldendorff Motion"). Plaintiff Man Ferrostaal Inc. has responded and Defendants replied. [FN1] Defendant Sextant Maritime AG ("Sextant") also filed a Motion for Summary Judgment ... Ruben Antonio JARAMILLO, Plaintiff, v. Nathaniel A. QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Defendant. , W.D.Tex., November 10, 2009 ORDER ON MAGISTRATE JUDGE'S MEMORANDUM & RECOMMENDATION XAVIER RODRIGUEZ, District Judge. On this date, the Court considered the United States Magistrate Judge's Memorandum and Recommendation in the above-numbered and styled case. (Docket Entry No. 19). After careful consideration, the Court will accept the recommendation and dismiss claims one and two for failure to exhaust state remedies and deny the remainder of the application. Ruben Antonio Jaramillo ("Petitioner") is an inmate in the... Youn Jae LEE, Petitioner, v. UNITED STATES of America, Respondent. , N.D.Tex., November 10, 2009 ORDER SIDNEY A. FITZWATER, Chief Judge. After making an independent review of the pleadings, files, and records in this case, the April 30, 2009 findings, conclusions, and recommendation of the magistrate judge, and petitioner Youn Jae Lee's ("Lee's") May 10, 2009 objections, the court concludes that the findings and conclusions are correct in relevant part. It is therefore ordered that the findings, conclusions, and recommendation of the magistrate judge are adopted as set forth in this orde... 290 AT 71, L.L.C., Plaintiff, v. JPMORGAN CHASE BANK, National Association, Dana Fowlkes, and Federal Deposit Insurance Corporation as Receiver for Washington Mutual Bank, Defendants. , W.D.Tex., November 9, 2009 ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above- styled cause, and specifically the Plaintiff 290 at 71, LLC ("Plaintiff")'s Amended Motion for Summary Judgment [# 22], Defendant JPMorgan Chase Bank ("Chase")'s response thereto [# 30] and motion to exclude and objections to evidence in support of Plaintiff's motion for summary judgment [# 31], Defendant the Federal Deposit Insurance Corporation (the "FDIC")'s response [# 32], and Plainti... UNITED STATES of America v. Kenneth Wayne NICHOLSON. , E.D.Tex., November 9, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE LEONARD DAVIS, District Judge. The above entitled and numbered criminal action was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. § 636(b)(3). The Report of the Magistrate Judge which contains his proposed findings of fact and recommendations for the disposition of such action has been presented for consideration. The parties waived objections to the Report and Recommendations. The Court is of the o... UNITED STATES of America v. Michael Lynn KIRK (13). , E.D.Tex., November 9, 2009 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RICHARD A. SCHELL, District Judge. Came on for consideration the above-referenced criminal action, this Court having heretofore referred the request for the revocation of Defendant's supervised release to the United States Magistrate Judge for proper consideration. Having received the report of the United States Magistrate Judge pursuant to its order and the parties' waiver of right to file objections, this Co... Amber DeLEON, Plaintiff, v. CITY OF ALVIN POLICE DEPARTMENT, et al, Defendants. , S.D.Tex., November 9, 2009 MEMORANDUM OPINION AND ORDER KENNETH M. HOYT, District Judge. I. INTRODUCTION Pending before the Court is the defendant's, Linda Smith ("Smith"), motion to dismiss for failure to state a claim and memorandum of law in support thereof (Docket Entry Nos. 13 & 14) and the plaintiff's, Amber DeLeon (the "plaintiff"), response in opposition to Smith's motion (Docket Entry No. 20). After having carefully reviewed the pleadings, the motion, response and the applicable law, the Court is of the opinio... Johnnie JONES, Petitioner, v. Rick THALER, Texas Department of Criminal Justice, Correctional INstitutions Division, Respondent. , S.D.Tex., November 9, 2009 MEMORANDUM AND RECOMMENDATION GRANTING RESPONDENT'S MOTION FOR SUMMARY JUDGMENT FRANCES H. STACY, United States Magistrate Judge. Pending in this federal habeas corpus proceeding pursuant to 28 U . S.C. § 2254 is Respondent's Motion for Summary Judgment (Document No. 15). Having considered the motion, the response (Document No. 21), Petitioner's claims, as set forth by him in his § 2254 Application (Document No. 1) and Memorandum of Law in Support (Document No. 2), the state court records, an... J & J SPORTS PRODUCTIONS, INC., Plaintiff, v. Jamal TAWIL, Bassam Tawil, and Nizar Tawil, Individually, and as officers, directors, shareholders and/or principals of Keno Investments, LLC d/b/a Randy's Ballroom, and Keno Investments, LLC d/b/a Rand, W.D.Tex., November 9, 2009 ORDER ON MOTION TO DISMISS XAVIER RODRIGUEZ, District Judge. On this day, the Court considered Defendants' Motion to Dismiss or in the Alternative for a More Definite Statement (Docket Entry No. 20). Having reviewed the motion and Plaintiff's response, the Court DENIES Defendants' motion to dismiss and DENIES Defendants' motion for a more definite statement. Background Plaintiff, J & J Sports Productions, Inc., is a California corporation with its principal place of business in Campbell, Ca... J & J SPORTS PRODUCTIONS, INC., Plaintiff, v. Jamal TAWIL, Bassam Tawil, and Nizar Tawil, Individually, and as officers, directors, shareholders and/or principals of Keno Investments, LLC d/b/a Randy's Ballroom, and Keno Investments, LLC d/b/a Rand, W.D.Tex., November 9, 2009 ORDER ON MOTIONS TO DISMISS COUNTERCLAIMS XAVIER RODRIGUEZ, District Judge. On this day, the Court considered Plaintiff's motion to dismiss Defendants' counterclaims. (Docket Entry No. 25). Defendants did not respond, and the time to respond has expired. Having reviewed Plaintiff's motion, its motion to dismiss Defendants' counterclaim is hereby GRANTED. Background Plaintiff, J & J Sports Productions, Inc., is a California corporation with its principal place of business in Campbell, Califo... Christoforos G. POLITIS, Plaintiff, v. Sarah J. NOBLIN, and Edward Yeomans, Defendants. , S.D.Tex., November 9, 2009 Opinion on Summary Judgment STEPHEN WM. SMITH, United States Magistrate Judge. This wrongful birth case is before the court on defendants' motions for summary judgment (Dkts.50,53) [FN1]. All parties have consented to proceed before this magistrate judge. (Dkts.31, 75). Because there are no genuine issues of material fact on critical elements of plaintiff's claim, summary judgment will be granted in favor of defendants. FN1. The court previously converted Yeoman's motion to dismiss ... Johnny Lee RHEA, v. DIRECTOR, TDCJ-CID. , E.D.Tex., November 9, 2009 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION THAD HEARTFIELD, District Judge. Petitioner Johnny Lee Rhea, a prisoner confined at the Michael Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The court ordered that this matter be referred to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for conside... Richard W. HENDERSON v. Kent DICKERSON, et al. , E.D.Tex., November 9, 2009 MEMORANDUM ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION THAD HEARTFIELD, District Judge. Plaintiff Richard W. Henderson, a prisoner confined at the Stiles Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against Kent Dickerson, Linda Irwin, Dr. Rizalino Reyes, Tiffany Elmore, Maxine M. Black, the Univ... Celeste DAVIS v. COLLIN COUNTY COMMUNITY COLLEGE DISTRICT and Sur-Scan. , E.D.Tex., November 9, 2009 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE MICHAEL H. SCHNEIDER, District Judge. Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On October 13, 2009, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Collin County Community College District's ... Carol MEYERS, Plaintiff, v. TEXAS HEALTH RESOURCES, et al., Defendants. , N.D.Tex., November 9, 2009 MEMORANDUM OPINION AND ORDER SIDNEY A. FITZWATER, Chief Judge. Plaintiff's motion to remand and defendants' motion to dismiss present questions concerning ERISA [FN1] preemption. For the reasons that follow, the court denies plaintiff's motion to remand, grants defendants' motion to dismiss, and grants plaintiff leave to amend to state claims under ERISA § 502(a)(1)(B). FN1. Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461. I Plaintiff Carol Meyers ("Meyers"... Maria Dalva Viera De Olivera DOS SANTOS, Plaintiff v. BELL HELICOPTER TEXTRON, INC., Defendant/Third-Party Plaintiff v. Helisul Taxi Aero LTDA, Third-Party Defendant. , N.D.Tex., November 9, 2009 Steven Craig Marks, Ricardo M. Martinez-Cid, Podhurst Orseck Josefsberg, Miami, FL, Ladd C. Sanger, Slack & Davis, Dallas, TX, for Plaintiff. Charles H. Smith, Bryan S. David, Tressie E. McKeon, Smith & Moore PLLC, Dallas, TX, for Defendant/Third-Party Plaintiff. Dennis J. Sullivan, Fred Royce Franzoni, IV, Jad J. Stepp, Stepp & Sullivan PC, Houston, TX, for Third-Party Defendant. ORDER GRANTING IN PART AND DENYING IN PART EMERGENCY MOTIONS FOR PROTECTIVE ORDER TERRY R. MEANS, District J... Kenneth Ray EDWARDs, Petitioner, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Div., Respondent. [FN1]FN1. The previously-named respondent in this action was Nathaniel Quarterman. On July 15, 2009, Rick T, N.D.Tex., November 9, 2009 ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE JORGE A. SOLIS, District Judge. United States Magistrate Judge William F. Sanderson, Jr., made findings, conclusions and a recommendation in this case. No objections were filed. The District Court reviewed the proposed findings, conclusions and recommendation for plain error. Finding none, the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge. SO ORDERE... Ali Salem KHAYAT, Petitioner, v. Attorney General Eric HOLDER, et al. , N.D.Tex., November 9, 2009 ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARBARA M.G. LYNN, District Judge. United States Magistrate Judge Paul D. Stickney made findings, conclusions and a recommendation in this case. No objections were filed. The District Court reviewed the proposed findings, conclusions and recommendation for plain error. Finding none, the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge. SO ORDERED. ... Leonardo LAGO-PLANAS, Plaintiff, v. Sergent RIVERA, et al., Defendants. , N.D.Tex., November 9, 2009 ORDER SAM A. LINDSAY, District Judge. Plaintiff brought this action before the court pursuant to 42 U.S .C. § 1983 against two officers of the Dallas County Sheriff's Department, alleging that they assaulted him. The court referred this case to United States Magistrate Judge Irma C. Ramirez for screening pursuant to 28 U.S.C. § 636(b) and Special Order 3-251. The magistrate judge filed her Findings, Conclusions, and Recommendation on October 23, 2009. Plaintiff filed no objections in response... UNITED STATES of America v. Larry Gene POWELL. , N.D.Tex., November 9, 2009 AMENDED ORDER ACCEPTING THE FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARBARA M.G. LYNN, District Judge. The Court has under consideration the Findings, Conclusions, and Recommendation of United States Magistrate Judge Paul D. Stickney. Larry Gene Powell filed objections, and the District Court has made a de novo review of those portions of the proposed Findings, Conclusions, and Recommendation to which objection was made. The objections are overruled, an... Mark SCHOMBURG, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.Tex., November 9, 2009 MEMORANDUM OPINION AND ORDER JEFF KAPLAN, United States Magistrate Judge. Plaintiff Mark Schomburg seeks judicial review of a final adverse decision of the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g). For the reasons stated herein, the hearing decision is reversed. I. Plaintiff alleges that he is disabled as a result of multiple injuries sustained in a 2003 automobile accident. After his application for disability benefits was denied initially and on reconsideration, p... Jan BUETTGEN, On Behalf of Himself and All Others Similarly Situated, Plaintiff, v. Katherine J. HARLESS, et al., Defendants. , N.D.Tex., November 9, 2009 Roger L. Mandel, Stanley Mandel & Iola LLP, Dallas, TX, Thomas E. Bilek, The Bilek Law Firm LLP, Houston, TX, Thomas J. McKenna, Gainey & McKenna, New York, NY, for Plaintiff. Dee J. Kelly, Jr., Marcus G. Mungioli, Kelly Hart & Hallman, Fort Worth, TX, for Defendants. MEMORANDUM OPINION AND ORDER ED KINKEADE, District Judge. Before the Court are four competing motions for appointment of lead plaintiff and lead plaintiff's counsel filed by: (1) Jan Buettgen, Donald B. Biggerstaff, David B... Clayton SMITH, et al. v. TARRANT COUNTY COLLEGE DISTRICT, et al. , N.D.Tex., November 6, 2009 Karin Knowles Cagle, Kirkley & Berryman, L.L.P., Fort Worth, TX, Fleming Terrell, Lisa Graybill, ACLU Foundation of Texas, Austin, TX, for Clayton Smith, et al. ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR TEMPORARY RESTRAINING ORDER TERRY R. MEANS, District Judge. Plaintiffs Clayton Smith and John Schwertz Jr. are students at the Hurst, Texas, campus of defendant Tarrant County College District ("TCC"). Also named as a defendant is Erma Johnson Hadley, TCC's interim chancellor. Th... PUBLIC HEALTH EQUIPMENT & SUPPLY CO., INC., Plaintiff, v. CLARKE MOSQUITO CONTROL PRODUCTS, INC., Clarke Environmental Mosquito Management, Inc., Clarke Engineering Technologies, Inc., Defendants. Clarke Mosquito Control Products, Inc., Clarke Env, W.D.Tex., November 6, 2009 David Montgomery Evans, Langley & Banack, Inc., San Antonio, TX, for Counter-Plaintiffs. Jonathan D. Pauerstein, Ralph A. Lopez, Tuggey Rosenthal Pauerstein Sandoloski Agather LLP, San Antonio, TX, for Counter-Defendant. REPORT AND RECOMMENDATION NANCY STEIN NOWAK, United States Magistrate Judge. TO: Honorable Orlando Garcia United States District Judge This report and recommendation addresses two pending motions: (1) Public Health Equipment and Supply, Inc.,'s (Public Health) motion to ... Herbey Garcia ARMENDARIZ, Plaintiff, v. DIRECTOR U.S. BUREAU OF PRISONS, Warden Claude Maye, Dr. McLaughlin, and United States of America, Defendants. , W.D.Tex., November 6, 2009 ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above- styled cause, and specifically Plaintiff Herbey Garcia Armendariz ("Armendariz")'s Complaint [# 1]; Defendants Director U.S. Bureau of Prisons, Warden Claude Maye, Dr. McLauglin, and the United States of America ("Defendants")'s Motion to Dismiss, construed as a Motion for Summary Judgment [# 17]; Armendariz's Response [# 19]; Armendariz's Motion to Certify Class [# 15]; Armedariz's First ... UNITED STATES of America v. Samuel SANTOS-GUEVARA; aka Samuel Reyes-Guevara; aka Samuel Santos Guevara. , S.D.Tex., November 6, 2009 Douglas Davis, Financial Litigation, U.S. Marshal, U.S. Pretrial Svcs., U.S. Probation, Office of U.S. Attorney, Houston, TX, for United States of America. OPINION ON DENIAL OF MOTION TO DISMISS INDICTMENT MELINDA HARMON, District Judge. On October 9, 2009 the Court considered and denied Defendant Samuel SantosGuevara's motion to dismiss the indictment pending against him. (Doc. 16) This opinion expresses the reasons why Defendant's motion was denied. On July 15, 2009 the Defendant was i... MILLS GROUP LTD., Plaintiff, v. OCEANOGRAFIA, S.A. de C.V., et al., Defendants. , S.D.Tex., November 6, 2009 Kurt Brynilde Arnold, Arnold Itkin LLP, Houston, TX, for Plaintiff. Terence J. Hart, Bracewell and Giuliani LLP, Dallas, TX, Patrick Thomas Mulry, Attorney at Law, Addison, TX, for Defendants. MEMORANDUM AND ORDER NANCY F. ATLAS, District Judge. This case is before the Court on the Motions to Dismiss ("Motions") filed by Defendants Con-Dive, L.L.C. ("Con-Dive") [Doc. # 45], Oceanografia, S.A. de C.V. ("Oceanografia") [Doc. # 46], and Amado Yanez [Doc. # 47]. Prior to ruling on the Motion... Scott E. LANDRETH, et al, Plaintiffs, v. ALLSTATE TEXAS LLOYD'S, et al, Defendants. , S.D.Tex., November 6, 2009 Scott Earl Landreth, Wood, Boykin and Wolter, Corpus Christi, TX, for Plaintiffs. Larry J. Goldman, Douglas Edwin Pennebaker, Goldman Pennebaker & Phipps, PC, San Antonio, TX, for Defendants. ORDER OF REMAND JANIS GRAHAM JACK, District Judge. On this day came on to be considered Plaintiffs' Motion to Remand. (D.E.12.) For the reasons stated herein, Plaintiffs' Motion is GRANTED. I. Factual and Procedural Background On July 15, 2009, Plaintiffs Lesleigh C. Landreth and Scott E. Landre... Michael D. SCHIPULL, Petitioner, v. Rick THALER [FN1], Respondent. FN1. The previous named respondent in this action was Nathaniel Quarterman. On July 15, 2009, Rick Thaler succeeded Quarterman as Director of the Texas Department of Crimina, W.D.Tex., November 6, 2009 ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above- styled cause, specifically Petitioner Michael D. Schipull ("Schipull")'s Petition for a Writ of Habeas Corpus [# 2] the Report and Recommendation of the Magistrate Judge [# 25], Schipull's Motion for Extension of Time [# 27], and Schipull's Motion for Injunctive Relief and Sanctions [# 28]. For the reasons set forth below, the undersigned finds that Petitioner's application for writ of hab... Bobby Wayne WOOD, Petitioner, v. Rick THALER, Respondent. , W.D.Tex., November 6, 2009 Maurie Levin, University of Texas School of Law, Austin, TX, for Petitioner. ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above- styled cause, and specifically Petitioner Bobby Wayne Woods ("Woods")'s Motion for Authorization of Funds to Prepare Clemency Application [# 4]. Having considered the motion, the case file as a whole, and the applicable law, the Court enters the following opinion and orders. RELIEF REQUESTED In his motion for ... Ronald Dean ROGERS, Petitioner, v. Rick THALER [FN1], Respondent. FN1. The previous named respondent in this action was Nathaniel Quarterman. On July 15, 2009, Rick Thaler succeeded Quarterman as Director of the Texas Department of Criminal, W.D.Tex., November 6, 2009 Ronald Dean Rogers, Huntsville, TX, pro se. ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above- styled cause, and specifically Petitioner Ronald Dean Rogers' Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254[# 1], and the Report and Recommendation of the Magistrate Judge [# 16]. For the reasons set forth below, the undersigned finds Rogers' Petition for Writ of Habeas Corpus should be DENIED. All matters in this case were referred... AMERICAN GENERAL LIFE INSURANCE COMPANY, Plaintiff, v. Jonathan CROSSWHITE and Opus Three Incorporated, Defendants. , S.D.Tex., November 6, 2009 MEMORANDUM OPINION AND ORDER SIM LAKE, District Judge. Plaintiff, American General Life Insurance Company ("American General"), filed this action alleging breach of contract and breach of fiduciary duty against defendants Jonathan Crosswhite and Opus Three Incorporated (Docket Entry No. 1). Pending before the court is Defendants' Motion to Dismiss (Docket Entry No. 6). The defendants have argued that this court lacks specific or general jurisdiction over them. Both parties have argued in the ... Robert Lee MARTIN, Petitioner, v. Rick THALER, Respondent. , W.D.Tex., November 6, 2009 ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on this day the Court reviewed the file in the above- styled cause, and specifically Petitioner Robert Lee Martin ("Petitioner")'s Petition for a Writ of Habeas Corpus under 28 U.S .C. § 2254[# 1], his memorandum and authorities in support thereof [# 3]; Respondent Rick Thaler [FN1] ("Respondent")'s answer with brief in support [# 24], and Petitioner's response thereto [# 26]; the Report and Recommendation of the Magistrate Judge [# 27], and... Rosie YIN, Plaintiff, v. WAL-MART STORES TEXAS, LP, Defendant. , S.D.Tex., November 6, 2009 OPINION & ORDER HILDA G. TAGLE, District Judge. BE IT REMEMBERED that on November 6, 2009, the Court considered Defendant Wal-Mart Stores East, LP's ("Wal-Mart") No Evidence Motion for Summary Judgment. Dkt. No. 7. This Court GRANTS Defendant's motion. I. Factual Background Defendant Wal-Mart operates a retail store at 2721 Boca Chica Boulevard in Brownsville, Texas. Plaintiff Rosie Yin ("Yin") alleges that on September 22, 2006, she slipped on a puddle of water as she was walking back to ... Robert J. KLEBE v. UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO. , W.D.Tex., November 6, 2009 ORDER ANDREW W. AUSTIN, United States Magistrate Judge. Before the Court are Plaintiff's Motion to Enter Judgment and Memorandum in Support (Clerk's Doc. No. 157); Defendant's Motion for a Take-nothing Judgment and Memorandum in Support Thereof (Clerk's Doc. No. 161); Plaintiff's Response (Clerk's Doc. No. 162); Defendant's Reply (Clerk's Doc. No. 163); Plaintiff's Sur-reply (Clerk's Doc. No. 170); Plaintiff's Amended Motion to Enter Judgment (Clerk's Doc. No. 168); and Defendant's Response t... Lee CRAYTON, pro se, Plaintiff, v. Nathaniel QUARTERMAN, Captain NFN Novack, Lt. NFN New, Sgt. NFN Lindsey, NFN Bonhome, and Sgt. NFN Bennet, Defendants. , N.D.Tex., November 6, 2009 ORDER OF DISMISSAL MARY LOU ROBINSON, District Judge. Plaintiff LEE CRAYTON, acting pro se and while a prisoner confined in the Texas Department of Criminal Justice, Institutional Division, filed suit pursuant to Title 42, United States Code, section 1983 complaining against the above-referenced defendants and was granted permission to proceed in forma pauperis. On October 14, 2009, a Report and Recommendation was issued by the United States Magistrate Judge recommending the instant cause be ... UNITED STATES of America v. Mark Linnear HAYS, Defendant. , N.D.Tex., November 6, 2009 ORDER SIDNEY A. FITZWATER, Chief Judge. After conducting de novo review of the pleadings, files, and records in this case, and the October 13, 2009 findings and recommendation of the United States Magistrate Judge, in accordance with 28 U.S.C. § 636(b)(1), and having considered defendant's objections filed on November 4, 2009, I am of the opinion that the findings and recommendation of the magistrate judge are correct, and they are hereby adopted as the findings and conclusions of the court. ... Elijio SANCHEZ, pro se, Plaintiff, v. John ADAMS, Paul Sloan, and Jamie Baker, Defendants. , N.D.Tex., November 6, 2009 ORDER OF DISMISSAL MARY LOU ROBINSON, District Judge. Plaintiff ELIJIO SANCHEZ, acting pro se and while a prisoner confined in the Texas Department of Criminal Justice, Institutional Division, filed suit pursuant to Title 42, United States Code, section 1983 complaining against the above-referenced defendants and was granted permission to proceed in forma pauperis. On September 21, 2009, a Report and Recommendation was issued by the United States Magistrate Judge recommending the instant caus... Bennie Ray JOHNSON, pro se, also known as Bennie Johnson, Plaintiff, v. William K. SUTER, Clerk, U.S. Supreme Court, Defendants. , N.D.Tex., November 6, 2009 ORDER REVOKING PAUPER STATUS AND ORDER OF DISMISSAL MARY LOU ROBINSON, District Judge. Plaintiff BENNIE RAY JOHNSON, acting pro se and while a prisoner confined in the Texas Department of Criminal Justice, Institutional Division, filed suit pursuant to Title 42, United States Code, section 1983 complaining against the above-referenced defendant and was granted permission to proceed in forma pauperis. On September 21, 2009, a Report and Recommendation was issued by the United States Magistrate... NIDEC CORPORATION, Plaintiff, v. LG INNOTEK CO., LTD., et al., Defendants. , E.D.Tex., November 6, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE LEONARD DAVIS, District Judge. The above entitled and numbered civil action was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. § 636. The Report and Recommendation of the Magistrate Judge (Doc. No. 81), which contains the Magistrate Judge's proposed findings of fact and recommendations for the disposition of Defendant LG Innotek USA's Motion to Dismiss Plaintiff Nidec Corporation's Compla... Paul Chance KINNISON, Plaintiff, v. CITY OF SAN ANTONIO, J. Barry Archer, individually and in his official capacity as Development Services Director for the City of San Antonio, Mike Constantino, individually and in his official capacity as Develop, W.D.Tex., November 5, 2009 ORDER ON MOTION TO DISQUALIFY PLAINTIFF7DS EXPERT XAVIER RODRIGUEZ, District Judge. On this date, the Court considered Defendants' motion to disqualify Plaintiff's Expert Richard L. Dugger (Docket Entry No. 65). After reviewing the motion, Plaintiff's response and supplemental response, and Defendants' reply, the Court DENIES Defendants' motion contingent upon Plaintiff's expert supplementing the report. The Court ORDERS Plaintiff to supplement the report no later than December 4, 2009, and f... Willard Kenny O'DELL v. DIRECTOR, TDCJ-CID. , E.D.Tex., November 5, 2009 Willard Kenny O'Dell, Middle Town, MO, pro se. MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RON CLARK, District Judge. Willard Kenny O'Dell, proceeding pro se, filed the above-styled petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The court referred this matter to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable orders of this court. The magistrat... Dorothy BERGERON, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , S.D.Tex., November 5, 2009 MEMORANDUM AND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT'S CROSS MOTION FOR SUMMARY JUDGMENT FRANCES H. STACY, United States Magistrate Judge. Before the Magistrate Judge [FN1] in this social security appeal are Plaintiff's Motion for Summary Judgment (Document No. 17), Defendant's Response to Plaintiff's Motion for Summary Judgment (Document No. 18), Defendant's Cross Motion for Summary Judgment (Document No. 15), and Defendant's Memorandum in Support of C... Bruce E. SEYBERT v. NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN, et. al. , E.D.Tex., November 5, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE LEONARD DAVIS, District Judge. The above entitled and numbered civil action was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. The Report of the Magistrate Judge, which contains his recommendation for the disposition of such action, has been presented for consideration (Doc. No. 18). Plaintiff Bruce Seybert objected to the recommendation (Doc. No. 41). Mr. Seybert's objection essentially restates the def... Robert Coy WILLIAMS, Petitioner, v. DIRECTOR, TDCJ-CID, Respondent. , E.D.Tex., November 5, 2009 MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARCIA A. CRONE, District Judge. Petitioner Robert Coy Williams, a prisoner confined at the Stiles Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The court ordered that this matter be referred to the Honorable Earl S. Hines, United States Magistr... MIDDLESEX INSURANCE COMPANY, Plaintiff, v. PBC OPERATIONS, L.P. d/b/a Pioneer Breaker & Control Supply Co.; Pioneer Breaker and Control Supply Co.; Tamas Toldy; Christina Toldy Duncan; Square D Company; Breakers Unlimited Inc.; and PBC Supply, LP, , W.D.Tex., November 5, 2009 ORDER SAM SPARKS, District Judge. BE IT REMEMBERED on the 14th day of October, 2009, the Court called the above captioned case and all parties appeared through counsel. Having reviewed the file, and specifically Defendants PBC Operations, L.P. d/b/a Pioneer Breaker & Control Supply Co., Pioneer Breaker & Control Supply Co., individually, PBC Supply, LP, Tamas Toldy, and Christina Toldy Duncan (collectively "PBC")'s Motion to Alter or Amend Judgment [# 91], Plaintiff Middlesex Insurance Compan... Kurby DECKER, v. Roger McDONALD, et al. , E.D.Tex., November 5, 2009 ORDER DENYING TEMPORARY RESTRAINING ORDER DAVID FOLSOM, District Judge. The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge Caroline M. Craven, who issued a Report and Recommendation concluding that the Plaintiff's emergency motion for a temporary restraining order should be denied. The Report of the Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of such action, has been presented for consid... Cuevas OCSAR., Petitioner, v. John B. FOX, Respondent. , E.D.Tex., November 5, 2009 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARCIA A. CRONE, District Judge. Petitioner Cuevas Oscar, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The court referred this matter to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge has submitted a Report and Recommendation of United States... Michael GOLDEN & Cathleen Golden, Plaintiffs, v. AUSTIN COUNTY SHERIFF'S DEPARTMENT, et al., Defendants. , S.D.Tex., November 5, 2009 MEMORANDUM AND ORDER LEE H. ROSENTHAL, District Judge. The plaintiffs, Michael and Cathleen Golden, sued the Austin County Sheriff s Office, Austin County Sheriff R. Dewayne Burger, Austin County Judge Carolyn Bilski, and unidentified police officers in Texas state court on January 30, 2009. The plaintiffs asserted claims under Chapter 101 of the Texas Civil Practice & Remedies Code ("Texas Tort Claims Act") and 42 U.S.C. § 1983 for injuries Michael Golden allegedly sustained during a traffic... Dawn CATO, Plaintiff, v. FIRST FEDERAL COMMUNITY BANK, Defendant. , E.D.Tex., November 5, 2009 Alex Arthur Castetter, Stuckey Garrigan & Castetter, Nacogdoches, TX, for Plaintiff. Stephen Cass Weiland, Robert Allen Hawkins, Patton Boggs, Dallas, TX, for Defendant. MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT RICHARD A. SCHELL, District Judge. Before the court are Defendant's "Motion for Summary Judgment and Brief in Support" (Dkt.22), Plaintiff's "Response in Opposition to Defendant's Motion for Summary Judgment" (Dkt.24), and Defendant's "Reply Br... EVANSTON INSURANCE COMPANY, Plaintiff, v. TONMAR, L.P., et al., Defendants. , N.D.Tex., November 5, 2009 MEMORANDUM OPINION AND ORDER SIDNEY A. FITZWATER, Chief Judge. In this insurance coverage dispute, the court must decide whether it has subject matter jurisdiction and, if so, whether it should abstain under Brillhart v. Excess Insurance Co. of America, 316 U.S. 491 (1942), from adjudicating an insurer's declaratory judgment action. The court must also decide whether the insurer can state a breach of contract claim under Texas law for breach of a cooperation clause in an insurance contract. C... CENTOCOR ORTHO BIOTECH, INC. and New York University, Plaintiffs, v. ABBOTT LABORATORIES, Abbott Bioresearch Center, Inc., and Abbott Biotechnology Ltd., Defendants. , E.D.Tex., November 4, 2009 Angela Verrecchio, Barbara L. Mullin, Joseph Lucci, Matthew A. Pearson, Steven D. Maslowski, Woodcock Washburn LLP, Philadelphia, PA, Richard Alan Sayles, Eve L. Henson, John D. Ormond, Mark Daniel Strachan , Sayles & Werbner, Dallas, TX, David J. Beck, Beck Redden & Secrest, Houston, TX, for Plaintiffs. David J. Beck, Michael Ernest Richardson, Beck Redden & Secrest, Houston, TX, Ali Hassan Shah, Belinda M. Lew, Brent J. Gurney, Gabriel Taran, Jacob S. Oyloe, Jamaica Potts Szeliga, Jamie T... WIDEVINE TECHNOLOGIES, INC., Plaintiff, v. VERIMATRIX, INC., Defendant. , E.D.Tex., November 4, 2009 Editor's Note: Additions are indicated by <<+Text+>> and deletions by <<-Text->>. David K. Tellekson, Robert L. Jacobson, Mark P. Walters, Michael K. Kirschner, Darby & Darby, Seattle, WA, Matthew D. Orwig, Mark Christopher Nelson, Sonnenschein Nath & Rosenthal LLP, Dallas, TX, for Plaintiff. Wayne Odis Stacy, Ann Marie Byers, Orion Armon, Sarah Joann Guske, Cooley Godward Kronish LLP, Broomfield, CO, Brian E. Mitchell, Cooley Godward Kronish LLP, San Francisco, CA, Kent M. Walker, Mich... SAXON INNOVATIONS, LLC v. PALM, INC. , E.D.Tex., November 4, 2009 Jack Wesley Hill and Thomas John Ward, Jr of Ward & Smith Law Firm, Longview, TX Michael T Renaud and William D Belanger of Pepper Hamilton LLP-Boston, Boston, MA, for Plaintiff. Aaron Gabriel Fountain and John M Guaragna of DLA Piper U.S. LLP-Austin, Austin, TX M Elizabeth Day and William G Goldman of DLA Piper U.S. LLP-- East Palo Alto, East Palo Alto, CA Vincent S Lam of DLA Piper U.S. LLP- San Diego, San Diego, CA, for Defendant. ORDER JOHN D. LOVE, United States Magistrate Judge. Be... FENNER INVESTMENTS, LTD. v. HEWLETT-PACKARD CO., et al. , E.D.Tex., November 4, 2009 Corey Jennifer Weinstein, Jim L. Flegle, Peter J Thoma, Loewinsohn Flegle Deary LLP, Dallas, TX, for Fenner Investments, Ltd. David R. Deary, Loewinsohn Flegle Deary LLP, Michael J. Newton, Alston & Bird, LLP, Dallas, TX. Ankur P. Parekh, Calvin E. Wingfield, Jr., Charles Wizenfeld, Mark J Abate, Goodwin Procter LLP, Anish R. Desai, Matthew J. Antonelli, Weil Gotshal & Manges, New York, NY, James Anthony Downs, Lana Svetlana Shiferman, Goodwin Proctor, Boston, MA, Jennifer Parker Ainsworth... Eugene BLACKMON v. Warden KUKUA, et al. , S.D.Tex., November 4, 2009 Eugene Blackmon, Rosharon, TX, pro se. Nadine Phillpotts, Stephen M. Pierce, Demetri Anastasiadis, Office of the Attorney General, Austin, TX, for Defendant. OPINION AND ORDER DENYING MOTION TO AMEND COMPLAINT BRIAN L. OWSLEY, United States Magistrate Judge. Plaintiff is an inmate in the Texas Department of Criminal Justice, Correctional Institutions Division, and is currently incarcerated at the Ramsey Unit in Rosharon, Texas. Proceeding pro se, he filed a civil rights action pursuant t... MHL TEK, LLC v. NISSAN MOTOR CO., et al. , E.D.Tex., November 4, 2009 Samuel Franklin Baxter, Garret Wesley Chambers, McKool Smith, Marshall, TX, David C. Doyle, Eric M. Acker, James J. Cekola, M. Andrew Woodmansee , Richard C. Kim, Sarah E. Simmons, Stephen D. Keane, Morrison & Foerster, San Diego, CA, James Nicholas Bunch, Fish & Richardson, Dallas, TX, for Plaintiff. James Nicholas Bunch, Neil J. McNabnay, Fish & Richardson, Jeffrey Scott Patterson, Thomas Jameson Adair, Hartline Dacus Barger Dreyer & Kern, Dallas, TX, Andrew Chanho Sonu, John T. Battaglia... UNITED STATES of America v. Boris BONILLA-ORELLANA. , W.D.Tex., November 4, 2009 Order XAVIER RODRIGUEZ, District Judge. On this day came on to be considered Defendant's motion to dismiss the indictment (doc. no. 20). The Defendant is charged in a one-count indictment with violating 8 U.S.C. § 1326 by illegally re-entering the United States "having been previously been denied admission, excluded, deported, and removed therefrom on or about July 7, 2006...." He argues in his motion to dismiss that his "original deportation proceedings failed to meet the minimum stand... ASCEND GEO, LLC, Plaintiff, v. OYO GEOSPACE CORPORATION, Defendant. , S.D.Tex., November 4, 2009 MEMORANDUM AND ORDER NANCY F. ATLAS, District Judge. This patent case is before the Court on the Motion for Preliminary Injunction ("Motion") [Doc. # 3] filed by Plaintiff Ascend Geo, LLC ("Ascend"). Defendant OYO Geospace Corporation ("OYO") filed a Response [Doc. # 11], and Ascend filed a Reply [Doc. # 17]. The Court conducted an evidentiary hearing on the Motion on October 29, 2009. The Court heard and observed the witnesses who testified at the hearing, considered the exhibits introduced ... Fandrea NAZIR, Plaintiff, v. WAL-MART STORES, Texas LLC 752-Pasadena, Texas, Defendant. , S.D.Tex., November 4, 2009 MEMORANDUM OPINION AND ORDER SIM LAKE, District Judge. Plaintiff, Fandrea Nazir, brings this action against defendant, Wal-Mart Stores Texas, LLC 752-Pasadena, Texas, for employment discrimination on the basis of race, color, sex, religion, national origin, and for retaliation and hostile work environment in violation of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e. Pending before the court is Defendant Wal-Mart Stores Texas, LLC's Rule 12(b)(6) Motion to Dismiss (... UNITED STATES of America v. Erica L. COFIELD aka Erica L. Austin. , S.D.Tex., November 4, 2009 MEMORANDUM OPINION BRIAN L. OWSLEY, United States Magistrate Judge. Defendant, Erica L. Cofield, was charged with driving while intoxicated in violation of Texas Penal Code § 49.04 and 18 U.S.C. §§ 7, 13 on the Corpus Christi Naval Air Station ("CCNAS"). (D.E.17). Because this incident occurred on a military base in the Corpus Christi Division of the Southern District of Texas, jurisdiction is proper in this Court. 18 U.S.C. § 7; United States v. Reff, 479 F.3d 396, 400 (5th Cir.2007). A benc... Joseph David NATALE v. DIRECTOR, TDCJ-CID. , E.D.Tex., November 4, 2009 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT MICHAEL H. SCHNEIDER, District Judge. The Petitioner Joseph Natale, proceeding pro se, filed this application for the writ of habeas corpus complaining of the legality of prison disciplinary action taken against him. This Court ordered that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and (3) and the Amended Order for the Adoption of L... Michael JOHNSON-KAZANIAN v. Sheriff Ray NUTT, et al. , E.D.Tex., November 4, 2009 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT MICHAEL H. SCHNEIDER, District Judge. The Plaintiff Michael Johnson-Kazanian, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. § 1983 complaining of the conditions of confinement in the Henderson County Jail. This Court ordered that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and (3) and the Amended Order for the Ado... Artecia NICHOLS and Archie Williamson, Plaintiffs, v. SEVERAL UNKNOWN DEPUTIES OF the U.S. MARSHALS SERVICE, Lone Star Fugitive Task Force, and Comal County Sheriff's Office, Defendants. , W.D.Tex., November 4, 2009 ORDER ON MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION XAVIER RODRIGUEZ, District Judge. On this day, the Court considered the report and recommendation of the Magistrate Judge (Docket Entry No. 7). Upon Plaintiffs' institution of this lawsuit, the Court referred the case to the Magistrate Judge for initial consideration and for a ruling on Plaintiffs' motions to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. The Magistrate Judge then recommended that the Court dismiss Plaintiffs' cla... Eric HUFFMAN, Plaintiff, v. CITY OF LAKE JACKSON, Defendant. , S.D.Tex., November 4, 2009 OPINION & ORDER MELINDA HARMON, District Judge. Pending before the Court is Plaintiff Eric Huffman's motion for partial summary judgment (Doc. 12) and Defendant City of Lake Jackson's response and motion for partial summary judgment (Doc. 19) and second motion for partial summary judgment on the issue of damages (Doc. 22). Upon review and consideration of these motions, the replies and responses thereto (Docs.23-26), and the relevant legal authority, the Court finds that Plaintiff's motion fo... UNITED STATES of America v. Eustolio Garcia PONCE. , S.D.Tex., November 4, 2009 MEMORANDUM AND ORDER LEE H. ROSENTHAL, District Judge. Eustolio Garcia Ponce is charged with illegally entering the United States in violation of 8 U.S.C. §§ 1326(a) and (b)(2). Garcia has moved to dismiss the indictment on due process grounds, (Docket Entry No. 21), and the government has responded, (Docket Entry No. 22). Based on a careful consideration of the indictment, the motion and response, the arguments of counsel, and the applicable law, this court denies Garcia's motion to dismiss.... Dewayne SHELTON, Petitioner, v. Rick THALER, Director, Texas Department of Criminal Justice--Correctional Institutions Division, Respondent. [FN1]FN1. The petition names Nathaniel Quarterman as the respondent. Because Quarterman has retired as Dire, S.D.Tex., November 4, 2009 MEMORANDUM AND ORDER KENNETH M. HOYT, District Judge. Texas inmate Dewayne Shelton (TDCJ # 1254161, former TDCJ # 654289, # 597443, # 501982) has filed a federal petition for a writ of habeas corpus under 28 U.S.C. § 2254, seeking relief from a state court conviction. The respondent has answered with a motion for summary judgment, arguing that Shelton is not entitled to relief. (Docket No. 15). Shelton has filed a response. (Docket No. 36). Shelton has also filed numerous motions for leave t... Martin SANCHEZ-ALANIZ, Plaintiff, v. Warden BERKEBILE, et al., Defendants. , N.D.Tex., November 4, 2009 ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARBARA M.G. LYNN, District Judge. United States Magistrate Judge Paul D. Stickney made findings, conclusions and a recommendation in this case. No objections were filed. The District Court reviewed the proposed findings, conclusions and recommendation for plain error. Finding none, the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge. SO ORDERED. ... UNITED STATES of America v. Larry Gene POWELL. , N.D.Tex., November 4, 2009 ORDER ACCEPTING THE FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARBARA M.G. LYNN, District Judge. The Court has under consideration the Findings, Conclusions, and Recommendation of United States Magistrate Judge Paul D. Stickney. Larry Gene Powell filed objections, and the District Court has made a de novo review of those portions of the proposed Findings, Conclusions, and Recommendation to which objection was made. The objections are overruled, and the Co... JOE HAND PROMOTIONS, INC., as Broadcast Licensee of the June 10, 2006, Cotto/Malignanni Event, Plaintiff, v. Jose Armando FLORES, Individually and d/b/a Little Casita Mexican Restaurant; and Iugel Angel Madrid, Individually and d/b/a Little Casit, S.D.Tex., November 4, 2009 Memorandum and Order GRAY H. MILLER, District Judge. Pending before the court are the plaintiff's request for entry of default and motion for default judgment against defendant Jose Armando Flores, individually and d/b/a Little Casita Mexican Restaurant. Dkts. 11, 12. For the following reasons, the request for entry of default is GRANTED and the motion for default judgment is DENIED. FACTUAL AND PROCEDURAL BACKGROUND The plaintiff, Joe Hand Promotions, Inc. ("Joe Hand"), is a broadcast lic... Richard B. TOBIAS, Plaintiff, v. Ken PRICE, Courtroom Security Officer, Defendant. , N.D.Tex., November 4, 2009 ORDER ACCEPTING FINDINGS, CONCLUSIONS & RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARBARA M.G. LYNN, District Judge. The Court has under consideration the Findings, Conclusions, & Recommendation of the United States Magistrate on Defendant Kenneth Price's Motion For Summary Judgment filed July 22, 2009, and a motion for contempt and motions for summary judgment contained within Plaintiff Tobias' Response to Defendant Price' [sic] Motion for Summary Judgment, filed August 10, 2009. ... Joe REEVES, Petitioner, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. , N.D.Tex., November 4, 2009 ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE JANE J. BOYLE, District Judge. After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings an... TOTAL SAFETY US, INC., Plaintiff, v. CON-DIVE, LLC, Defendant. , S.D.Tex., November 4, 2009 MEMORANDUM AND ORDER LEE H. ROSENTHAL, District Judge. The plaintiff, Total Safety US, Inc., sued the defendant, Con-Dive, LLC, the charterer of the vessels M/V BOLD ENDURANCE and M/V OCEAN COMMANDER, to recover $219,817.68 that Con-Dive owes for "necessaries" Total Safety provided these vessels in 2007 and 2008. In its corrected first amended verified complaint, Total Safety asserted a maritime lien and alleged breach of a maritime contract, quantum meruit, and promissory estoppel. Total Saf... UNITED STATES of America v. Shawn Lynn DAVIS. , E.D.Tex., November 4, 2009 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RICHARD A. SCHELL, District Judge. Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On October 22, 2009, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendant's Motion to Suppress Evidence (Dkt.8... Andre HURREY, pro se, A.K.A. Andre William Hurrey, Plaintiff, v. UNKNOWN TDCJ CORRECTIONS OFFICER "A", Unknown TDCJ Corrections Officer "B", Unknown TDCJ Corrections Officer "C", Unknown TDCJ Corrections Officer "D", Unknown Texas Tech Medical Pers, N.D.Tex., November 4, 2009 ORDER OF PARTIAL DISMISSAL MARY LOU ROBINSON, District Judge. Plaintiff ANDRE HURREY, acting pro se and while a prisoner confined in the Texas Department of Criminal Justice, Institutional Division, filed suit pursuant to Title 42, United States Code, section 1983 complaining against the above-referenced defendants and was granted permission to proceed in forma pauperis. Defendant THE STATE OF TEXAS was dismissed November 14, 2008. On October 15, 2009, a Report and Recommendation was issue... Edward Jevan ERVIN, pro se, Plaintiff, v. Joe S. NUNN, Norvel Arnold, and Linda Short, Defendants. , N.D.Tex., November 4, 2009 ORDER OF DISMISSAL MARY LOU ROBINSON, District Judge. Plaintiff EDWARD JEVAN ERVIN, while a prisoner confined in the Texas Department of Criminal Justice, Correctional Institutions Division, filed suit pursuant to Title 42, United States Code, section 1983 complaining against the above-referenced defendants and has been granted leave to proceed in forma pauperis. On September 21, 2009, a Report and Recommendation was issued by the United States Magistrate Judge analyzing plaintiff's claims an... Arthur J. WILLIAMS Jr., Plaintiff, v. CREDIT PROTECTION ASSOCIATION TRANS UNION, LLC, et al., Defendants. , N.D.Tex., November 3, 2009 ORDER SAM A. LINDSAY, District Judge. Before the court is Defendant Trans Union LLC's Motion to Dismiss, Under Federal Rule of Civil Procedure 12(b)(6), or in the Alternative, Motion for More Definite Statement, filed September 16, 2009. Pursuant to its August 25, 2009 order, the court referred the motion to United States Magistrate Judge Irma C. Ramirez. On October 21, 2009, the Findings, Conclusions, and Recommendation of the United States Magistrate Judge ("Report") was filed. Plaintiff fi... Alfred E. JOHNSON, Petitioner, v. Rick THALER, Respondent. , S.D.Tex., November 3, 2009 OPINION ON DISMISSAL MELINDA HARMON, District Judge. Through counsel, petitioner Alfred Edward Johnson has filed an amended petition for federal habeas corpus relief from two 1999 convictions for criminal nonsupport of his children in cause numbers 785,381 and 785,382 in the 337th Judicial District Court of Harris County, Texas. (Docket Entry No.23). Petitioner has also filed a Motion to Stay Proceedings. (Docket Entry No.22). For the reasons to follow, the Court will deny petitioner's motion... KING VISION PAY-PER-VIEW, LTD., Plaintiff, v. Silvia Esther CHAVEZ, Defendant. , S.D.Tex., November 3, 2009 MEMORANDUM OPINION & ORDER GRAY H. MILLER, District Judge. Pending before the court is the plaintiff's motion for summary judgment. Dkt. 15. Upon consideration of the motion, the response, the summary judgment record, and the applicable law, the motion is GRANTED IN PART as to liability and DENIED IN PART as to damages, with leave to resubmit as detailed below. I. FACTUAL AND PROCEDURAL BACKGROUND The plaintiff, KingVision Pay-Per-View, Ltd. ("KingVision"), is a broadcast licensee wh... CANDY GUAJARDO, Plaintiff, v. GC SERVICES, LP, Defendant. , S.D.Tex., November 3, 2009 Aaron Radbil, Weisberg & Meyers, LLC, Phoenix, AZ, Susan A. Landgraf, Weisberg Meyers LLC, Austin, TX, for Plaintiff. William Keith Wier, Bush & Ramirez, LLC, Kandy Elaine Johnson Messenger, Munisteri Sprott et al., Houston, TX, for Defendant. OPINION & ORDER MELINDA HARMON, District Judge. Pending before the Court is Plaintiff Candy Guajardo's motion for summary judgment (Doc. 34) and Defendant GC Services, LP's response and, in the alternative, motion for continuance (Doc. 38). Upon re... Juan ENRIQUEZ, Petitioner, v. Nathaniel QUARTERMAN, Respondent. , S.D.Tex., November 3, 2009 Juan Enriquez, Tennessee Colony, TX, pro se. S. Michael Bozarth, Office of Attorney General, Austin, TX, for Respondent. ORDER DENYING PETITIONER'S MOTION FOR CERTIFICATE OF APPEALABILITY JANIS GRAHAM JACK, District Judge. Pending is petitioner's motion for a certificate of appealability ("COA") on the denial of his motion for relief from judgment. For the reasons stated herein, petitioner's request for a COA is denied. I. Background Petitioner filed his § 2254 petition with this Cour... James Edward SIMMONS v. DIRECTOR, TDCJ-CID. , E.D.Tex., November 3, 2009 James Edward Simmons, Huntsville, TX, pro se. MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT LEONARD DAVIS, District Judge. The Petitioner James Simmons, proceeding pro se, filed this application for the writ of habeas corpus complaining of the legality of his conviction. This Court ordered that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and (3) and the Amended Order for the Ad... FRANCIS INIEKPO, d/b/a Fema Group, Plaintiff, v. AVSTAR INTERNATIONAL CORPORATION and Giri Valliappan, Defendants. , W.D.Tex., November 3, 2009 ORDER ON MOTION FOR LEAVE TO FILE AMENDED PLEADING XAVIER RODRIGUEZ, District Judge. On this day, the Court considered Defendants' Motion for Leave to File an Amended Pleading (Docket Entry No. 64). Defendant identifies the Motion as "opposed," however, Plaintiff has not filed a response; the deadline to do so having passed. See Local Rule CV-7 (W.D.Tex.). Having considered the brief provided by Defendants, the motion is GRANTED. Defendants may file their First Amended Answer to Plaintiff's F... VLADMIR LTD., Plaintiff, v. PACIFIC PARTS SUPPLY CO., INC., and Delmer E. Rogair, Defendants. , W.D.Tex., November 3, 2009 ORDER ON MOTIONS FOR SUMMARY JUDGMENT XAVIER RODRIGUEZ, District Judge. On this day, the Court considered Defendants' Motions for Partial Summary Judgment (Docket Entry Nos. 51, 52, 53) and the Errata in relation to one of Defendants' motions (Docket Entry No. 54). Having reviewed the Motions, the errata, Plaintiff's responses, [FN1] Defendants' replies, and the evidence provided, the Court GRANTS IN PART AND DENIES IN PART Defendants' motions for partial summary judgment. FN1. The Lo... DOCTORS HOSPITAL 1997 LP, et al, Plaintiffs, v. BEAZLEY INSURANCE, et al, Defendants. , S.D.Tex., November 3, 2009 MEMORANDUM OPINION AND ORDER KENNETH M. HOYT, District Judge. I. Introduction Pending before the Court is the defendant Beazley Insurance Company, Inc.'s (Beazley) motion to dismiss and motion for summary judgment (Docket Entry No. 89). The plaintiffs Doctors Hospital 1997, L.P. ("Doctors Hospital"), GE HFS Holdings, Inc. ("GE") and Tidwell/Parkway Property Holdings, L.P. (collectively the "plaintiffs") submitted a response to this motion (Docket Entry No. 90), Beazley filed a reply to the pl... Donald Anthony SINGH, Petitioner, v. Janet NAPOLITANO, [FN1] et al., Respondents. FN1. The proper respondent in this case is Janet Napolitano; therefore, the Court substitutes her for Michael Chertoff. SeeFed. R. Civ. P. 25(d)(1). , S.D.Tex., November 3, 2009 OPINION ON PARTIAL DISMISSAL MELINDA HARMON, District Judge. Before the Court is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 on October 30, 2008, by petitioner Donald Anthony Singh. Petitioner is an immigration detainee in the custody of the Department of Homeland Security, Bureau of Immigration and Customs Enforcement (ICE). At the time he filed the pending petition, he was detained at the Houston Detention Facility awaiting removal to Trinidad or Tobago. Petition... Roy Lee HUNNICUTT, Petitioner, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Div., Respondent. , N.D.Tex., November 3, 2009 ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE JORGE A. SOLIS, District Judge. United States Magistrate Judge William F. Sanderson, Jr., made findings, conclusions and a recommendation in this case. No objections were filed. The District Court reviewed the proposed findings, conclusions and recommendation for plain error. Finding none, the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge. SO ORD... Freddie George DAVIS, Applicant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. , N.D.Tex., November 3, 2009 ORDER JOHN McBRYDE, District Judge. Came on for consideration the above-captioned action wherein Fred die George Davis ("Davis") is applicant [FN1] and Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division, is respondent. This is an application for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. On September 11, 2009, the United States Magistrate Judge issued his proposed findings, conclusions, and recommendation, and ordered that the parti... HYDRO GREEN ENERGY, LLC, Plaintiff, v. CONCEPTS ETI, INC. a/k/a Concepts Nrec, Defendant. , S.D.Tex., November 3, 2009 MEMORANDUM AND ORDER EWING WERLEIN, JR., District Judge. Pending is Plaintiff Hydro Green Energy, LLC's Motion to Remand (Document No. 9). After having considered the motion, response, reply, and the applicable law, the Court concludes for the reasons set forth below that Plaintiff's Motion to Remand should be GRANTED. I. Background Plaintiff Hydro Green Energy, LLC ("Plaintiff") entered into a Non-Disclosure Agreement (the "NDA") [FN1] with Defendant Concepts ETI, Inc. ("Defendant") in J... J & J SPORTS PRODUCTIONS, INC., as Broadcast Licensee of the June 10, 2006, Hopkins/Tarver Event, Plaintiff, v. 6224 RICHMOND JOINT VENTURE, INC., Individually and d/b/a Dreams of Houston a/k/a Dreams Night Club; and Thomas Stith II, Individually a, S.D.Tex., November 3, 2009 MEMORANDUM AND ORDER GRAY H. MILLER, District Judge. Pending before the court are the plaintiff's request for entry of default and motion for default judgment against defendant 6224 Richmond Joint Venture. Dkts. 8, 9. For the following reasons, the request and motion are GRANTED. FACTUAL AND PROCEDURAL BACKGROUND The plaintiff, J & J Sports Productions, Inc. ("J & J"), is a broadcast licensee authorized to sub-license the closed-circuit telecast of the June 10, 2006 "Fight to the Finish... MANILA INDUSTRIES INC. and Netsphere, Inc., Plaintiff, v. ONDOVA LIMITED COMPANY, Defendant. , N.D.Tex., November 3, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES BANKRUPTCY JUDGE ROYAL FURGESON, Senior District Judge. BEFORE THE COURT is United States Bankruptcy Judge Stacey G.C. Jernigan's Report and Recommendation (Docket No. 6), which recommends denying Manila Industries, Inc. and Netsphere, Inc.'s (collectively "Netsphere") Motion to Withdraw Reference of Bankruptcy Case (Docket No. 2). After due consideration, the Court is of the opinion that the Bankruptcy Judge's Report and Recommend... CHRISTOPHER V. PERRY FAMILY, L.P., Plaintiff, v. WHATEVER, L.L.C. d/b/a Perry's Restaurant, WPE Restaurant, L.P. d/b/a Perry's, Defendants. , S.D.Tex., November 3, 2009 MEMORANDUM OPINION & ORDER GRAY H. MILLER, District Judge. Pending before the court is defendants' motion to enforce the settlement agreement. Dkt. 48. Upon consideration of the motion, the response, the reply, and the applicable law the motion is GRANTED. Accordingly, the court's order of April 8, 2009 granting plaintiff's motion to reinstate the case is VACATED. Dkt. 36. And, this case is DISMISSED WITH PREJUDICE. BACKGROUND Plaintiff has owned and operated Perry's and Perry's Stea... Anant N. MAUSKAR, Petitioner, v. UNITED STATES of America, Respondent. , E.D.Tex., November 3, 2009 MEMORANDUM OPINION AND ORDER MARCIA A. CRONE, District Judge. Petitioner Anant N. Mauskar, a prisoner confined at the Federal Correctional Institution in Beaumont, Texas, proceeding pro se, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner challenged the constitutionality of a prison disciplinary conviction for engaging in, or encouraging, a group demonstration. The court ordered that this matter be referred to the Honorable Earl S. Hines, United Stat... HILLWOOD ENTERPRISES, L.P., Plaintiff v. INTEL CORPORATION, Defendant, v. Council Properties, LLC, Intervenor. , E.D.Tex., November 3, 2009 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RICHARD A. SCHELL, District Judge. Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On October 9, 2009, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Intel Corporation's Motion to Reopen Case (Dkt.... Eric Reed MARASCIO, Plaintiff, v. The State of TEXAS, et al., Defendants. , E.D.Tex., November 3, 2009 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RICHARD A. SCHELL, District Judge. Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On October 5, 2009, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that this matter be dismissed with prejudice. Hav... UNITED STATES of America v. Edgar Ivan GUERRERO. , S.D.Tex., November 2, 2009 MEMORANDUM AND ORDER OF DETENTION PENDING TRIAL STEPHEN WM. SMITH, United States Magistrate Judge. Defendant Edgar Ivan Guerrero has been charged by indictment with the offenses of hostage taking in violation of 18 U.S.C. § 1203 and concealing illegal immigrants in violation of 8 U.S.C. § 1324. A detention hearing was held on October 27, 2009 pursuant to the Bail Reform Act, 18 U.S.C. § 3142(f). Applicable Legal Standard As an initial matter, the Government argues that the statutory presum... Corey L. McCALLUM, et al. v. WELLS FARGO BANK, N.A. , W.D.Tex., November 2, 2009 ORDER ANDREW W. AUSTIN, United States Magistrate Judge. Before the Court are Plaintiffs' Motion for Reconsideration of Defendant's Motion for Summary Judgment, filed October 9, 2009 (Clerk's Doc. No. 47); and Defendant's Response to Plaintiffs' Motion for Reconsideration of Defendant's Motion for Summary Judgment, filed October 13, 2009 (Clerk's Doc. No. 49). On September 29, 2009, the undersigned issued an Order granting Defendant's motion for summary judgment, and on September 30, 2009, ent... Pedro RANGEL-HERNANDEZ, Petitioner v. UNITED STATES Of America. , S.D.Tex., November 2, 2009 MEMORANDUM AND ORDER MICAELA ALVAREZ, District Judge. Pending before the Court is Pedro Rangel-Hernandez's ("Petitioner") Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255. [Dkt. No. 1]. [FN1] After careful consideration of the petition, the facts of the case, and the governing law, the Court DISMISSES the petition. FN1. "Dkt. No." refers to the docket number entry for the Court's electronic filing system. The Court will cite to the docket number entries ra... Dereskey HAYDEN, v. DIRECTOR, TDCJ-CID. , E.D.Tex., November 2, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION LEONARD DAVIS, District Judge. The Court referred the above-entitled and numbered civil action to United States Magistrate Judge John D. Love. The Magistrate Judge presented for consideration the Magistrate Judge's Report, containing proposed findings of fact and recommendations for disposition of this case. No objections were filed. Petitioner filed a letter requesting explanation of the following: The standing order refers certain cases to a Magis... Linda R. DOUGLAS v. WELLS FARGO BANK, N.A. , E.D.Tex., November 2, 2009 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE MICHAEL H. SCHNEIDER, District Judge. Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On October 5, 2009, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendant's Motion to Dismiss (Dkt.# 5) be G... Charles MOSLEY, Plaintiff, v. John E. POTTER, Postmaster General, Defendant. , S.D.Tex., November 2, 2009 MEMORANDUM AND ORDER EWING WERLEIN, JR., District Judge. Pending is Defendant John E. Potter's Motion for Summary Judgment (Document No. 22). After carefully considering the motion and the applicable law, the Court concludes as follows. I. Background This is an employment dispute. Charles Mosley ("Plaintiff") works for the United States Postal Service ("USPS") as a Mail Processing Clerk at the North Houston Processing Center. Plaintiff's left shoulder was injured over thirty years ago duri... COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. George D. HUDGINS, individually and dba George D. Hudgins, L.L.C., Defendant. , E.D.Tex., November 2, 2009 MEMORANDUM OPINION AND ORDER LEONARD DAVIS, District Judge. Before the Court are Petition No. 34: Receiver's Petition For Appointment Of Appraisers, Approval Of Appraisals Of Certain Real Property, and Setting Hearing Regarding Approval Of Sale (Docket No. 219), Respondent Silette's Objections to Petition 34 and Motion to Enjoin Sale of Condominium Pending Appeal (Docket No. 221), and Receiver's Response to Silette's Objection and Motion to Enjoin (Docket No. 226). Having considered the parti... YOUR TOWN YELLOW PAGES, L.L.C., Plaintiff, v. LIBERTY PRESS, L.L.C., et al., Defendants. , N.D.Tex., November 2, 2009 MEMORANDUM OPINION AND ORDER SIDNEY A. FITZWATER, Chief Judge. Defendants Liberty Press, L.L.C. ("Liberty Press"), John Hogle ("Hogle"), Clyde Bawden ("Bawden"), and Phone Directories Company, L.P. ("PDC") move to dismiss this suit by plaintiff Your Town Yellow Pages, L.L.C. ("Your Town") pursuant to 28 U.S.C. § 1406(a) and Fed.R.Civ.P. 12(b)(2) and (b)(3) for lack of personal jurisdiction or improper venue. Alternatively, they move under 28 U.S.C. § 1404(a) to transfer the case to the Distr... Larry SMITH v. CREST CADILLAC II, L.P. and Crest Cadillac, Inc. , E.D.Tex., November 2, 2009 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE MICHAEL H. SCHNEIDER, District Judge. Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On October 6, 2009, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Plaintiff's Motion to Remand be GRANTED. ... Arthur J. WILLIAMS Jr., Plaintiff, v. CREDIT PROTECTION ASSOCIATION TRANS UNION, LLC, et al., Defendants. , N.D.Tex., November 2, 2009 ORDER SAM A. LINDSAY, District Judge. Before the court is Defendant Experian Information Solutions, Inc' s Motion to Dismiss, filed July 16, 2009 (the "Motion"). Pursuant to its August 25, 2009 order, the court referred the Motion to United States Magistrate Judge Irma C. Ramirez. On October 12, 2009, the Findings, Conclusions, and Recommendation of the United States Magistrate Judge ("Report") was filed. Plaintiff filed no objections to the Report. This action arises out of two alleged vi... Darrel RUNDUS, Plaintiff, v. CITY OF DALLAS, et al., Defendants. , N.D.Tex., November 2, 2009 MEMORANDUM ORDER JEFF KAPLAN, United States Magistrate Judge. Plaintiff Darrel Rundus, by and through his attorney, has filed a motion for review of $17,038.97 in costs taxed in favor of the State Fair of Texas ("SFOT") and $7,513.99 in costs taxed in favor of the City of Dallas ("the City") as the prevailing parties in this civil rights action brought under 42 U.S.C. § 1983. [FN1] Specifically, plaintiff objects to $160.00 in witness fees and $15,031.86 in copying expenses claimed by SFOT, a... Harold BAILEY v. Michael J. ASTRUE, Commissioner of Social Security. , N.D.Tex., November 2, 2009 ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS, CONCLUSIONS, AND RECOMMENDATION TERRY R. MEANS, District Judge. On October 5, 2009, the United States Magistrate Judge issued his findings, conclusions, and recommendation in this case ("the findings"). In the findings, the magistrate judge recommended that the decision of the Commissioner of the Social Security Administration of the United States ("the Commissioner") denying Plaintiff's claims for disability insurance benefits and for supplemental ... Donald Lee BRYANT, v. Rick THALER, Director, T.D.C.J. Correctional Institutions Div. , N.D.Tex., November 2, 2009 ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS TERRY R. MEANS, District Judge. In this action brought by petitioner Donald Lee Bryant under 28 U . S.C. § 2254, the Court has made an independent review of the following matters in the above-styled and numbered cause: 1. The pleadings and record; 2. The proposed findings, conclusions, and recommendation of the United States magistrate judge filed on September 15, 2009; and 3. The petitioner's written objections to the pro... Victoria KLEIN, et al., Plaintiffs, v. O'NEAL, INC., d/b/a O'Neal, Jones & Feldman Pharmaceuticals, et al ., Defendants. , N.D.Tex., November 2, 2009 MEMORANDUM OPINION AND ORDER SIDNEY A. FITZWATER, Chief Judge. In this class action alleging personal injury and death claims arising from the manufacture and distribution of E-Ferol Aqueous Solution ("E-Ferol"), defendants Federal Insurance Company ("Federal") and Westchester Fire Insurance Company ("Westchester")--insurers against whom the class plaintiffs seek a declaratory judgment regarding insurance coverage--move to dismiss under Fed.R.Civ.P. 12(b)(6). The court must decide whether it ... UNITED STATES of America v. Christopher ALEXANDER. , W.D.Tex., October 30, 2009 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN, United States Magistrate Judge. TO: THE HONORABLE JAMES R. NOWLIN SENIOR UNITED STATES DISTRICT JUDGE The undersigned submits this Report and Recommendation to the District Court pursuant to 28 U.S.C. § 636(b), 18 U.S.C. § 3401(i), and Rule 1(d) 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 State... James WASHINGTON, Jr., v. Lt. PLANTIF, et al. , E.D.Tex., October 30, 2009 ORDER OF DISMISSAL LEONARD DAVIS, District Judge. The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge Judith K. Guthrie, who issued a Report and Recommendation concluding that the complaint should be dismissed pursuant to past sanctions and the "three strikes" provision of 28 U.S.C. § 1915(g). The Plaintiff has filed a response, which is construed as objections. The Report of the Magistrate Judge, which contains her proposed findings of fa... DRUMMOND AMERICAN CORPORATION, Plaintiff, v. SHARE CORPORATION, Jack Brierton, and Leo Sharp, Defendants. , E.D.Tex., October 30, 2009 MEMORANDUM OPINION AND ORDER RICHARD A. SCHELL, District Judge. Before the court are "Defendants' Motion for Leave to File Defendants' First Amended Answer" (Dkt.21) and "Plaintiff's Response to Defendants' Motion for Leave to File First Amended Answer" (Dkt.23). For the reasons set out below, Defendants' motion is denied. BACKGROUND For the purposes of this motion, only a summary recitation of the facts is necessary. This lawsuit is one of six suits pending between Plaintiff Drummond and D... Verna Kay HERMAN, Appellant, v. JACKSON LAW OFFICE, P.C., Gary Dean Jackson, and Gloria Ann Jackson, Appellees. , E.D.Tex., October 30, 2009 MEMORANDUM OPINION AND ORDER LEONARD DAVIS, District Judge. Before the Court is Debtor Verna Kay Herman's appeal from the judgment of the United States Bankruptcy Court for the Eastern District of Texas. This court has jurisdiction to consider this appeal pursuant to 28 U.S.C. § 158. Having considered the arguments of counsel, the record, and the applicable law, the bankruptcy court's order is AFFIRMED. APPELLANT'S POSITION Appellant Verna Kay Herman ("Herman") requests reversal of the bankru... UNITED STATES of America v. Timothy Kelsey BRANTLEY. , E.D.Tex., October 30, 2009 MEMORANDUM DECLINING TO ADOPT REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RICHARD A. SCHELL, District Judge. Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On September 25, 2009, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that the Defendant's Opposed Motion to ... AUTOMATED BUSINESS COMPANIES, Plaintiff, v. ENC TECHNOLOGY CORP., et al., Defendants. , S.D.Tex., October 30, 2009 MEMORANDUM OPINION AND ORDER SIM LAKE, District Judge. This is a patent infringement suit involving certain claims of United States Patent Nos. 6,360,253 ("'253 patent"), 6,999,945 ("'945 patent"), and 7,016,943 ("'943 patent"). On September 30, 2009, the court entered a Memorandum Opinion on Claim Construction (Docket Entry No. 190) construing a number of disputed claim terms. [FN1] On October 7, 2009, plaintiff Automated Business Companies ("ABC") filed the pending Motion for Clarification... CUMMINS-ALLISON CORP., Plaintiff, v. SBM CO., LTD. and Amro-Asian Trade, Inc., Defendants. , E.D.Tex., October 30, 2009 ORDER Re: DAMAGES FOR POST-VERDICT SALES OF INFRINGING PRODUCTS RON CLARK, District Judge. After considering the jury's findings and ruling on the parties' motions for judgement as a matter of law ("JMOL"), the court has, by contemporaneous orders, awarded the damages found by the jury for pre-trial infringing conduct and entered a permanent injunction against Defendants to prevent future infringing conduct. As often happens, sales of infringing products were made between the date the verdict... David J. DAVIS, Jr., A.K.A. Thunder Cloud Davis v. Cheryl KYLE, et al. , E.D.Tex., October 30, 2009 MEMORANDUM OPINION AND ORDER JOHN D. LOVE, United States Magistrate Judge. Plaintiff David J. Davis, Jr., a.k.a. Thunder Cloud Davis, a prisoner previously confined at the Coffield Unit of the Texas prison system, proceeding pro se and in forma pauperis, filed the above-styled and numbered civil rights lawsuit pursuant to 42 U.S.C. § 1983. The complaint was referred to the undersigned by consent of the parties pursuant to 28 U.S.C. § 636(c). The present Memorandum Opinion concerns the Plainti... Ali RASUL v. UNITED STATES of America. , E.D.Tex., October 30, 2009 MEMORANDUM OPINION THAD HEARTFIELD, District Judge. Plaintiff Ali Rasul, a prisoner [FN1] at the Federal Correctional Institution in Beaumont, Texas, proceeding pro se, filed this "Motion for Order Permitting Prisoner to Attend Private Viewing of Deceased Relative." Plaintiff alleges that his mother passed away on October 21, 2009, and he requests permission to attend a private viewing at the funeral home. FN1. Plaintiff incorrectly asserts that he is a pre-trial detainee. In fact, h... UNITED STATES of America v. Darryl Clarence HARRIS. , E.D.Tex., October 30, 2009 MEMORANDUM ORDER ADOPTING FINDINGS OF FACT AND RECOMMENDATION ON DEFENDANT'S GUILTY PLEA RON CLARK, District Judge. The Court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, for administration of a guilty plea under Rules 11 and 32 of the Federal Rules of Criminal Procedure. Judge Giblin conducted a hearing in the form and manner prescribed by Federal Rule of Criminal Procedure 11 and issued his Findings of Fact and Recommendation on Guilty Plea Before t... Cornele A. OVERSTREET, Regional Director of Region 28 of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner, v. EL PASO DISPOSAL, L.P., Respondent. , W.D.Tex., October 30, 2009 David A. Kelly, John T. Giannopoulos, Mara-Louise Anzalone, Michael J. Karlson, National Labor Relations Board, Phoenix, AZ, for Petitioner. Mark R. Flora, Constangy, Brooks & Smith, LLC, Austin, TX, for Respondent. MEMORANDUM OPINION AND ORDER DAVID BRIONES, Senior District Judge. On this day, the Court considered Petitioner Cornele A. Overstreet's "Petition for Temporary Injunction Pursuant to Section 10(j) of the National Labor Relations Act, as Amended [29 U.S.C. Section 160(j) ],"... Ronald MAY, Plaintiff, v. Wanda ISBELL, Defendant. , S.D.Tex., October 30, 2009 MEMORANDUM AND ORDER ON PARTIAL DISMISSAL EWING WERLEIN, JR., District Judge. Plaintiff Ronald May, an inmate incarcerated in the Texas Department of Criminal Justice--Correctional Institutions Division ("TDCJ-CID") proceeding pro se but not in forma pauperis, has filed a complaint alleging violations of his civil rights under 42 U.S.C. § 1983. (Docket Entry No.1). Plaintiff has also filed an amended complaint (Docket Entry No.6), and a supplemental complaint. (Docket Entry No.19). The Court ... Cornele A. OVERSTREET, Regional Director of Region 28 of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner, v. EL PASO DISPOSAL, L.P., Respondent. , W.D.Tex., October 30, 2009 David A. Kelly, John T. Giannopoulos, Mara-Louise Anzalone, Michael J. Karlson, National Labor Relations Board, Phoenix, AZ, for Petitioner. Mark R. Flora, Constangy, Brooks & Smith, LLC, Austin, TX, for Respondent. ORDER GRANTING TEMPORARY INJUNCTION PURSUANT TO 29 U.S.C. § 160(j) DAVID BRIONES, Senior District Judge. On this day, the Court considered Petitioner Cornele A. Overstreet's "Petition for Temporary Injunction Pursuant to Section 10(j) of the National Labor Relations Act, as... Jeanette STEPP, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.Tex., October 30, 2009 ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE REED O'CONNOR, District Judge. The Court has reviewed the Findings, Conclusions and Recommendation of the United States Magistrate Judge William F. Sanderson, Jr., issued in this case (Doc. # 22), as well as the objections thereto (Doc. # 23). The District Court has made a de novo review of those portions of the proposed findings and recommendation to which objection was made. The objections are ove... Tory GRAY, Petitioner, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. , N.D.Tex., October 30, 2009 ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE REED O'CONNOR, District Judge. After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge (Doc. # 18) and the objections thereto (Doc. # 19), in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are acc... Ann CLARK, Petitioner, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. , N.D.Tex., October 30, 2009 ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE REED O'CONNOR, District Judge. After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge (Doc. # 12) and the objections thereto (Doc. Nos.13, 14), in accordance with 28 U.S.C. § 636(b) (1), the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they ... Dewayne Demond JOHNSON, Petitioner, v. Richard THALER, Director TDCJ-CID, Respondent. , N.D.Tex., October 30, 2009 ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARBARA M.G. LYNN, District Judge. United States Magistrate Judge Paul D. Stickney made findings, conclusions and a recommendation in this case. No objections were filed. The District Court reviewed the proposed findings, conclusions and recommendation for plain error. Finding none, the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge. SO ORDERED. ... SECURITIES and EXCHANGE COMMISSION, Plaintiff, v. Gregory Carl GUNN, Defendant. , N.D.Tex., October 30, 2009 ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE A. JOE FISH, Senior District Judge. United States Magistrate Judge William F. Sanderson, Jr., made findings, conclusions and a recommendation in this case. No objections were filed. The district court reviewed the proposed findings, conclusions and recommendation for plain error. Finding none, the court accepts the findings, conclusions and recommendation of the United States Magistrate Judge. It... UNITED STATES of America v. Santiago RIVERA-ESCOBEDO. , E.D.Tex., October 30, 2009 MEMORANDUM ORDER ADOPTING FINDINGS OF FACT AND RECOMMENDATION ON DEFENDANT'S GUILTY PLEA RON CLARK, District Judge. The Court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, for administration of a guilty plea under Rules 11 and 32 of the Federal Rules of Criminal Procedure. Judge Giblin conducted a hearing in the form and manner prescribed by Federal Rule of Criminal Procedure 11 and issued his Findings of Fact and Recommendation on Guilty Plea Before t... UNITED STATES of America v. Zachery LANE. , E.D.Tex., October 30, 2009 MEMORANDUM ORDER ADOPTING FINDINGS OF FACT AND RECOMMENDATION ON DEFENDANT'S GUILTY PLEA RON CLARK, District Judge. The Court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, for administration of a guilty plea under Rules 11 and 32 of the Federal Rules of Criminal Procedure. Judge Giblin conducted a hearing in the form and manner prescribed by Federal Rule of Criminal Procedure 11 and issued his Findings of Fact and Recommendation on Guilty Plea Before t... NATIONAL BUSINESS FORMS & PRINTING, INC., d/b/a Graphxonline.com, Plaintiff, v. FORD MOTOR COMPANY, Defendant. , S.D.Tex., October 30, 2009 MEMORANDUM AND ORDER EWING WERLEIN, JR., District Judge. Pending is Ford Motor Company's Motion for Entry of Judgment by Default, or, in the Alternative, by Summary Judgment (Document No. 60). [FN1] After careful review of the summary judgment motion, responses, and the applicable law, and having heard the oral arguments of both counsel at the hearing on September 30, 2009, the Court concludes as follows. FN1. Ford's motion for default is based on Plaintiff not having filed an answer ... Widener Michael WEEMS, Petitioner, v. Rick THALER, Respondent. , S.D.Tex., October 30, 2009 MEMORANDUM OPINION AND ORDER KEITH P. ELLISON, District Judge. Widener Michael Weems, a state inmate proceeding pro se, seeks habeas corpus relief under 28 U.S.C. § 2254 challenging his state court conviction for murder. Respondent filed a motion for summary judgment (Docket Entry No. 8), to which petitioner responded. (Docket Entry No. 11.) Based on consideration of the pleadings, the motion and response, the record, and the applicable law, the Court GRANTS summary judgment and DISMISSES ... UNITED STATES of America, Plaintiff-Respondent, v. Luis Fernando JUAREZ, Defendant-Movant. , S.D.Tex., October 30, 2009 ORDER ADOPTING THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND THE RECOMMENDATION OF THE MAGISTRATE JUDGE EWING WERLEIN, JR., District Judge. This case was referred to the Magistrate Judge for an evidentiary hearing on Movant Luis Fernando Juarez's claims that (1) the underlying order of deportation is invalid because he attained United States citizenship through his naturalized mother; and (2) that his trial counsel was ineffective for failing to investigate and assert his derivati... Augustine MARTINEZ, Petitioner, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, [FN1] Respondent. FN1. Rick Thaler, the new Director of the Texas Department of Criminal Justice, Correctiona, S.D.Tex., October 30, 2009 ORDER ADOPTING RECOMMENDATION OF THE MAGISTRATE JUDGE EWING WERLEIN, JR., District Judge. Pending is Petitioner's Federal Application for Writ of Habeas Corpus (Document No. 1). The Court has received from the Magistrate Judge a Memorandum and Recommendation recommending that Petitioner's Application for Writ of Habeas Corpus (Document No. 1) be DENIED. No objections have been filed to the Memorandum and Recommendation. The Court, after having made a de novo determination of Petitioner's App... Kevin L. CRAWFORD, Plaintiff, v. CHARLES SCHWAB & CO., INC., Defendant. , N.D.Tex., October 30, 2009 MEMORANDUM OPINION AND ORDER A. JOE FISH, Senior District Judge. Before the court is the motion of the plaintiff Kevin L. Crawford ("Crawford" or "the plaintiff") to remand this case to the state court from which it was removed. For the reasons discussed below, the motion is denied. I. BACKGROUND The plaintiff was formerly employed by Charles Schwab & Company, Inc. ("Schwab") as a print operator at a printing and mailing facility in Coppell, Texas. Notice of Removal ("Notice"), Exhibit A,... ARISMA GROUP, LLC, Plaintiff, v. TROUT & ZIMMER, INC.; Tyco International (US), Inc.; Covidien, Inc .; Covidien AG; Marksmen, Inc.; Interbrand Corporation; and Kelly Hardy aka Olivia Lee, Defendants. , N.D.Tex., October 30, 2009 MEMORANDUM OPINION AND ORDER SAM A. LINDSAY, District Judge. Before the court are (1) Defendants Trout & Zimmer, Inc., Marksmen, Inc. and Kelly Hardy's Motion for Summary Judgment, filed September 18, 2009; (2) Motion for Summary Judgment of Defendants Covidien, Inc., Covidien AG, TYCO International (US), Inc., and Interbrand Corporation, filed September 18, 2009; (3) Defendants' Objections to and Motion to Strike Plaintiff's Summary Judgment Evidence, filed October 23, 2009; and (4) Defendan... Elroy D. JONES, Petitioner, v. Rick THALER, [FN1] Respondent. FN1. Rick Thaler has replaced Nathaniel Quarterman as the Director of the Texas Department of Justice-Correctional Institutions Division. Accordingly, Thaler is automatically subs, S.D.Tex., October 30, 2009 Elroy D. Jones, Huntsville, TX, pro se. MEMORANDUM AND ORDER ON DISMISSAL EWING WERLEIN, JR., District Judge. Petitioner Elroy D. Jones, an inmate incarcerated in the Texas Department of Criminal Justice--Correctional Institutions Division ("TDCJ- CID"), has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging a disciplinary proceeding at the Ellis I Unit of TDCJ-CID that resulted in the loss of one day of good time credit, commissary restriction, cell restriction... Jacquelyn PEDIGO, on Behalf of herself and Others Similarly Situated, Plaintiff, v. 3003 SOUTH LAMAR, LLP, d/b/a Alligator Grill, Defendant. , W.D.Tex., October 30, 2009 ORDER JAMES R. NOWLIN, District Judge. Before the Court in the above-entitled and styled cause of action are Plaintiff's Opposed Motion for Conditional Certification and Notice to Potential Class Members (Doc. # 31), filed October 1, 2009; Defendant's Response (Doc. # 33), filed October 12, 2009; and Plaintiff's Reply (Doc. # 37), filed October 15, 2009. After a studied review of the parties' arguments and the applicable law, the Court is of the opinion that the Motion to Conditionally Certif... JNS AVIATION, INC., JNS Aircraft Sales, LLC, J. Malcolm Shelton, IV, and James N. Shelton, Appellants, v. NICK CORP., Appellee. , N.D.Tex., October 29, 2009 MEMORANDUM OPINION AND ORDER MARY LOU ROBINSON, District Judge. Before the Court is the above styled bankruptcy appeal. The findings and conclusions of the bankruptcy court are AFFIRMED. BACKGROUND [FN1] This appeal arises from an adversary proceeding in the bankruptcy court. The present litigation arises from a dispute involving the purchase of a Beechcraft King Air 200 airplane. Since 1989, James Shelton (Jim Shelton) and his brother Malcolm Shelton have operated their own airplane busine... Gralin D. VINNING, et al., Plaintiffs, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.Tex., October 29, 2009 Elizabeth B. Dunlap, Law Office of Elizabeth B. Dunlap, Dallas, TX, for Plaintiff. Clayton Ray Mahaffey, Donna K. Webb, Mark T. Pittman, Howard A. Borg, US Attorney's Office, Fort Worth, TX, for Defendant. MEMORANDUM OPINION AND ORDER JOHN McBRYDE, District Judge. Before the court for decision in each of the consolidated actions shown in the caption is a motion by Elizabeth B. Dunlap ("Dunlap") for attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, and, in ... Virginia BURKE, et al, Plaintiffs, v. WYETH, INC, et al, Defendants. , S.D.Tex., October 29, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION KENNETH M. HOYT, District Judge. The Court has appropriately reviewed the Report and Recommendation in this case, to which no objections have been filed, and it is hereby accepted and ADOPTED. It is, therefore, ORDERED that Defendants Wyeth and Schwarz's Motion for Summary Judgment (Docket Entry No 21) is GRANTED and that the Plaintiffs' claims against Defendants Wyeth and Schwarz are DISMISSED with prejudice. REPORT AND RECOMMENDATION JOHN R. FROESC... David H. FROST, Plaintiff, v. AMERICAN LUNG ASSOC. OF CENTRAL STATES, Defendant. , S.D.Tex., October 29, 2009 David H. Frost, Houston, TX, pro se. Michael D. Mitchell, Morgan Morton Culbreth, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Houston, TX, for Defendant. OPINION AND ORDER JOHN R. FROESCHNER, United States Magistrate Judge. Before the Court, by referral from the Honorable Sim Lake, United States District Judge, is Plaintiff David Frost's "Motion To Have Civil Action No. 4:09-CV-00310 Removed From Judge John R. Froeschner's Court To Judge Sim Lake's Court For Reassignment To A Dif... Eduardo A. TREVINO v. Candace MOORE. , S.D.Tex., October 29, 2009 OPINION AND ORDER DENYING PLAINTIFF'S MOTION TO RECONSIDER BRIAN L. OWSLEY, United States Magistrate Judge. This is a civil rights action filed by a state prisoner pursuant to 42 U.S.C. § 1983. [FN1] Pending is Plaintiff's motion to reconsider the denial of his motions for injunctive relief pursuant to Rule 59(e) of the Federal Rules of Civil Procedure. (D.E.70). For the reasons stated herein, Plaintiff's motion is hereby DENIED. FN1. Upon consent of the parties, (D.E.10, 38), this c... Joe A. COOK v. Sylvia A. BROWN, et al. , S.D.Tex., October 29, 2009 OPINION AND ORDER OF DISMISSAL BRIAN L. OWSLEY, United States Magistrate Judge. This case was filed as a civil rights action by a state prisoner pursuant to 42 U.S.C. § 1983. Pursuant to the Prison Litigation Reform Act, Pub.L. No. 104-134, 10 Stat. 1321 (1996), any prisoner action brought under federal law must be dismissed if the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant immune from such relief. S... Charles TEAGUE, Petitioner, v. Nathaniel QUARTERMAN, Respondent. , S.D.Tex., October 29, 2009 ORDER JANIS GRAHAM JACK, District Judge. On this day came on to be considered Respondent Quarterman's Motion for Summary Judgment with Brief in Support. (D.E.24.) For the reasons stated herein, Respondent's Motion is GRANTED. I. Jurisdiction This Court has jurisdiction over the subject matter and the parties pursuant to 28 U.S.C. §§ 2241, 2254, which provide that jurisdiction is proper where the inmate is confined, or where the conviction was obtained. Petitioner was convicted in the 319th... Donald Leo HILBORN, Plaintiff, v. KLEIN INDEPENDENT SCHOOL DISTRICT and Georgan Reitmeier, Defendants. , S.D.Tex., October 29, 2009 MEMORANDUM OPINION AND ORDER GRAY H. MILLER, District Judge. Pending before the court is plaintiff's Motion for Leave to Amend Complaint. Dkt. 22. Upon consideration of the motion, plaintiff's proposed amended complaint, defendants' response, and the applicable law, it is the opinion of the court that plaintiff's motion should be GRANTED in part and DENIED in part. BACKGROUND Plaintiff Donald Leo Hilborn is the parent of three children who have attended school in Klein Independent Sc... Joseph W. STAPLES, Plaintiff, v. CAREMARK, L.L.C. d/b/a CVS Caremark f/k/a Caremark Rx, Inc., Defendant. , W.D.Tex., October 29, 2009 ORDER XAVIER RODRIGUEZ, District Judge. On this date, the Court considered Defendant's motion for summary judgment (Docket Entry No. 16). Background Plaintiff filed this lawsuit on September 5, 2008, in the 407th District Court of Bexar County, Texas, alleging the following causes of action: (1) disability discrimination under Tex. Labor Code § 21.053 [FN1]; (2) age discrimination [FN2]; (3) intentional infliction of emotional distress; (4) negligent hiring, training, supervision, and rete... Jesus Antonio SANDOVAL-ORTIZ, Petitioner, v. UNITED STATES of America, Respondent. , W.D.Tex., October 29, 2009 MEMORANDUM OPINION AND ORDER FRANK MONTALVO, District Judge. Before the Court is Jesus Antonio Sandoval-Ortiz's ("Sandoval") "Motion under 28 U.S.C. Section 2255, to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" ("Motion to Vacate") [Doc. No. 113] and "Arguments in Support of 2255 to Show Ineffective Assistance of Counsel" ("Arguments in Support") [Doc. No. 115], both filed February 12, 2008. Sandoval challenges his conviction and sentence for possession with intent t... Anthony Eugene MOORE, Petitioner, v. Rick THALER, Director, Texas Dept. of Criminal Justice-Correctional Institutions Division, Respondent. , W.D.Tex., October 29, 2009 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN, United States 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 Magistrates, as amended, effect... Michael Ray McMAHAN v. Rissie OWENS. , W.D.Tex., October 29, 2009 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN, United States Magistrate Judge. TO: THE HONORABLE JAMES R. NOWLIN SENIOR 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(f) 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 ame... CENTURY SURETY COMPANY, v. TAYLOR DISPOSAL OPERATING, INC., Cavern Disposal, Inc., Pinnergy, Ltd., Randy Taylor, Funderburk Enterprises, LLC, Raymond Funderburk and Nancy Funderburk. , W.D.Tex., October 29, 2009 L. Kimberly Steele, Lisa M. Henderson, W. Neil Rambin, Sedgwick, Detert, Moran & Arnold, Dallas, TX, for Century Surety Company. Michael W. Huddleston, Shannon, Gracey, Ratliff & Miller, LLP, Dallas, TX, for Taylor Disposal Operating, Inc. REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN, United States Magistrate Judge. TO: THE HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE Before the Court are: Defendants Taylor Disposal, Inc., Cavern Disposal I... Orlando ESCUADRA, Movant v. UNITED STATES of America, Respondent. , W.D.Tex., October 29, 2009 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN, United States Magistrate Judge. TO: THE HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE Before the Court are the Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (pursuant to 28 U.S.C. § 2255) (Clerk's Doc. No. 172); and the Government's Response to Movant's Motion to Vacate, Set Aside or Correct Sentence (Clerk's Doc. No. 176). The undersigned submits this Report and Recommend... EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, and Michelle Pritchard, Intervenor, v. BIG LOTS STORES, INC., Defendant. , E.D.Tex., October 29, 2009 ORDER DENYING DEFENDANT'S MOTION FOR LATE DEPOSITION RON CLARK, District Judge. Plaintiff Equal Employment Opportunity Commission ("EEOC") filed suit against Defendant Big Lots Stores, Inc., claiming violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-1 et seq, alleging sexual harassment and constructive discharge. The employee, Michelle Pritchard, subsequently intervened, asserting state law claims for intentional infliction of emotional distress and assault. Big Lots ... UNITED STATES of America v. Mariano RODRIGUEZ, Jr. , E.D.Tex., October 29, 2009 MEMORANDUM ORDER DAVID FOLSOM, District Judge. The above-entitled and numbered criminal action was heretofore referred to United States Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. § 636. The Report of the Magistrate Judge which contains her proposed findings of fact and recommendations for the disposition of such action has been presented for consideration. No objections were filed to the Report and Recommendation. The Court is of the opinion that the findings and conclusions of... Johnny Stephen JOHNSON, Plaintiff, v. S. BUENTELLO, et al., Defendants. , N.D.Tex., October 29, 2009 ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE JANE J. BOYLE, District Judge. United States Magistrate Judge William F. Sanderson, Jr., made findings, conclusions and a recommendation in this case. No objections were filed. The District Court reviewed the proposed findings, conclusions and recommendation for plain error. Finding none, the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge. SO ORDE... Teri LOGAN-GATES, Petitioner, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. , N.D.Tex., October 29, 2009 ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE JANE J. BOYLE, District Judge. After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings an... Maurio M. BUTLER, Petitioner, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. , N.D.Tex., October 29, 2009 ORDER SAM A. LINDSAY, District Judge. Before the court are the Findings and Recommendation of the United States Magistrate Judge, filed August 11, 2009. Petitioner filed objections on October 15, 2009. This is a habeas petition filed pursuant to 28 U.S.C. § 2254. Magistrate Judge Jeff Kaplan found that the petition was barred by the one-year statute of limitations of the Antiterrorism and Effective Death Penalty Act of 1996, and that equitable tolling did not apply. Petitioner first object... SECURITIES and EXCHANGE COMMISSION v. Robert Wayne TEDDER, et al. , N.D.Tex., October 29, 2009 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE WM. F. SANDERSON, JR., United States Magistrate Judge. Pursuant to the District Court's order of reference filed on September 29, 2009, on October 29, 2009, came on to be heard Defendant Gregory Carl Gunn's motion for sanctions filed on September 18, 2009, and having reviewed the relevant pleadings and having considered the statements and arguments of counsel, the magistrate judge finds and recommends as follows: [FN1] FN1. Defe... MANNATECH, INC., Plaintiff, v. TECHMEDIA HEALTH, INC., Triton Nutra, Inc., Ionx Holdings, Inc. and John Does 1-30, Defendants. , N.D.Tex., October 29, 2009 ORDER JORGE A. SOLIS, District Judge. Now before the Court are the Defendants' Motion for Partial Summary Judgment Against Mannatech, Inc., filed Mar. 26, 2009, [FN1] and the Defendants' Objection to Findings and Recommendations of the United States Magistrate Judge, filed Sept. 14, 2009. [FN2] After a thorough review of the evidence, the parties' briefs, and the applicable law, the Court DENIES the Defendants' Motion for Partial Summary Judgment and ACCEPTS the Findings and Recommendations o... Sandra CANO & Mayra Cano, Plaintiffs, v. PENINSULA ISLAND RESORT & SPA, LLC, Defendant. , S.D.Tex., October 29, 2009 OPINION AND ORDER HILDA G. TAGLE, District Judge. BE IT REMEMBERED, that on October 29, 2009, the Court considered Defendant's Motion to Remand, Dkt. No. 8, and Defendant's Motion to Dismiss, Dkt. No. 4, as well as the parties' briefing in response to this Court's August 10, 2009 Order requiring them to brief the issue of the amount in controversy in this case. I. Background Defendant Peninsula Island Resort & Spa, LLC. ("Peninsula Island") sells time- shares in its resort on South Padre I... Dian Dawson LESTER, Plaintiff, v. Alvin LESTER, Defendant. , N.D.Tex., October 29, 2009 MEMORANDUM OPINION AND ORDER IRMA CARRILLO RAMIREZ, United States Magistrate Judge. Pursuant to the District Court's Order of Transfer, filed June 23, 2009, and the consent of the parties, this matter was reassigned for the conduct of all further proceedings and the entry of judgment in accordance with 28 U.S.C. § 636(c). Before the Court is Defendant's Motion to Dismiss for Lack of Jurisdiction ("Mot .Dismiss"), filed on June 28, 2009 (doc. 62). Based on the pertinent filings, evidence, and ... Kevin Lee McCARROLL, Petitioner, v. Rick THALER, Director TDCJ-CID, Defendant. , N.D.Tex., October 29, 2009 ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE REED O'CONNOR, District Judge. After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge (Doc. No. 14) and the objections thereto (Doc. No. 17), in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they... Thomas KONNETHU, Plaintiff, v. HARRIS COUNTY HOSPITAL DISTRICT, Defendant. , S.D.Tex., October 28, 2009 Cornelius D. Perry, Attorney at Law, Houston, TX, for Plaintiff. Glen E. Van Slyke, III, Houston, TX, for Defendant. MEMORANDUM OPINION NANCY K. JOHNSON, United States Magistrate Judge. Pending before the court [FN1] is Defendant's Motion for Summary Judgment (Docket Entry No. 16). The court has considered the motion, all relevant filings, and the applicable law. For the reasons set forth below, the court GRANTS IN PART, DENIES IN PART Defendant's motion. I. Case Background Plaintiff ... Robert ACOSTA, Plaintiff, v. FAIR ISAAC CORPORATION, Defendant. , N.D.Tex., October 28, 2009 Robert M. Behrendt, Theodore Carl Anderson, III, W. D. Masterson, III, Kilgore & Kilgore, Dallas, TX, for Plaintiff. Lawrence Alan Fogel, Jr, AT & T, Abby Newman Ruth, Michael A. Swartzendruber, Fulbright & Jaworski LLP, Dallas, TX, for Defendant. MEMORANDUM ORDER JANE J. BOYLE, District Judge. Before the Court is Defendant Fair Isaac Corporation's Motion to Compel Arbitration and Dismiss (doc. 3) (hereinafter, the "Motion"). Having considered the Motion, the Court is of the opinion that... LeTOURNEAU TECHNOLOGIES DRILLING SYSTEMS, INC., Plaintiff and Counterdefendant, v. NOMAC DRILLING, LLC, Defendant and Counterplaintiff. , S.D.Tex., October 28, 2009 MEMORANDUM OPINION AND ORDER SIM LAKE, District Judge. Plaintiff, LeTourneau Technologies Drilling Systems, Inc. ("LeTourneau"), brings this action against defendant, Nomac Drilling, LLC ("Nomac"), alleging breach of contract, negligent misrepresentation, and promissory estoppel concerning two transactions involving the sale of drilling rigs and drives for the rigs (Docket Entry No. 27). Nomac brings a counterclaim against LeTourneau alleging breach of contract and fraudulent inducement, and... David J. DAVIS, Jr., # 582332 a.k.a. Thunder Cloud Davis v. Cheryl KYLE, et al. , E.D.Tex., October 28, 2009 MEMORANDUM OPINION AND ORDER OF PARTIAL DISMISSAL JOHN D. LOVE, United States Magistrate Judge. Plaintiff David J. Davis, Jr., a.k.a. Thunder Cloud Davis, a prisoner previously confined at the Coffield Unit of the Texas prison system, proceeding pro se and in forma pauperis, filed the above-styled and numbered civil rights lawsuit pursuant to 42 U.S.C. § 1983. The complaint was referred to the undersigned by consent of the parties pursuant to 28 U.S.C. § 636(c). The present Memorandum Opinion... Alberto GARCIA v. UNITED STATES of America. , W.D.Tex., October 28, 2009 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN, United States Magistrate Judge. TO: THE HONORABLE JAMES R. NOWLIN SENIOR UNITED STATES DISTRICT JUDGE Before the Court is Movant's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255, filed on October 8, 2009 (Clerk's Docket No. 38). The undersigned Magistrate Judge submits this Report and Recommendation to the United States District Court pursuant to 2... UNITED STATES of America, Plaintiff, v. Luther JONES (1) and Gilbert Sanchez (2), Defendants. , W.D.Tex., October 28, 2009 MEMORANDUM OPINION AND ORDER REGARDING DEFENDANTS' JOINT MOTION TO DISMISS ALL FIVE COUNTS OF THE INDICTMENT FRANK MONTALVO, District Judge. On this day, the Court considered Luther Jones ("Jones") and Gilbert Sanchez's ("Sanchez") (collectively, "Defendants") "Defendants' Joint Motion to Dismiss All Five Counts of the Indictment" ("Motion to Dismiss the Indictment") [Rec. No. 72], filed September 10, 2009, and the United States of America's ("Government") "Government's Opposition and Respons... Bobby REMMERS and Jackie Wood, Plaintiffs, v. UNITED STATES of America, Defendant. , E.D.Tex., October 28, 2009 MEMORANDUM AND ORDER MARCIA A. CRONE, District Judge. Pending before the court is Defendant United States of America's ("Defendant") Motion to Transfer Venue (# 4). Defendant seeks a transfer of venue pursuant to 28 U.S.C. § 1404(a) from the United States District Court for the Eastern District of Texas, Beaumont Division ("Eastern District of Texas"), to the United States District Court for the District of Kansas, Topeka Division ("District of Kansas"). Plaintiffs did not file a response in... George Cleron MORGAN, v. DIRECTOR, TDCJ-CID. , E.D.Tex., October 28, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION RON CLARK, District Judge. Petitioner George Cleron Morgan, a prisoner confined in the Texas prison system, filed this petition for a writ of habeas corpus challenging his conviction pursuant to 28 U.S.C. § 2254. The petition was referred for findings of fact, conclusions of law and recommendations for the disposition of the case. On August 1, 2008, and June 17, 2009, Petitioner filed Rule 60(b) motions asking this Court to vacate its January 13, 20... Catarino J. SANDOVAL, Plaintiff, v. John DOE, et al., Defendants. , S.D.Tex., October 28, 2009 MEMORANDUM AND ORDER NANCY F. ATLAS, District Judge. State inmate Catarino Sandoval (TDCJ # 1496128) has filed a complaint under 42 U.S.C. § 1983, alleging violations of his civil rights. He proceeds pro se and he has been granted leave to proceed in forma pauperis. In addition to his complaint, Sandoval has provided several other supplemental pleadings in support of his claims. [Docs. # 3, # 6, # 10]. After reviewing all of the pleadings as required by 28 U.S.C. § 1915A, the Court concludes ... UNITED STATES of America v. Katherine WEST. , S.D.Tex., October 28, 2009 MEMORANDUM AND ORDER NANCY F. ATLAS, District Judge. The defendant, Katherine West, has filed a motion to vacate, set aside, or correct her sentence under 28 U.S.C. § 2255. [Doc. # 58]. The Court has carefully reviewed all pertinent matters in this criminal case. Based on this review, the Court's clear recollection of the relevant proceedings, and the application of governing legal authorities, the Court concludes that the motion must be denied for reasons set forth below. I. BACKGROUND In... Al McZEAL, Plaintiff, v. EMC MORTGAGE CORPORATION, Defendant. , S.D.Tex., October 28, 2009 Al McZeal, Houston, TX, pro se. William Lance Lewis, Justin Ryan Opitz, Quilling Selander et al., Dallas, TX, for Defendant. ORDER LEE H. ROSENTHAL, District Judge. Al McZeal filed a notice of appeal from this court's order of dismissal and now asks this court to allow him to proceed in forma pauperis on appeal, without prepayment of fees. (Docket Entry No. 17). This case was dismissed without prejudice after McZeal failed to comply with sanctions and obey a preclusion order that require... WESTERNGECO, Plaintiff, v. ION GEOPHYSICAL CORP., Defendant. , S.D.Tex., October 28, 2009 MEMORANDUM AND ORDER KEITH P. ELLISON, District Judge. Pending before the Court is Plaintiff WesternGeco's Motion to Dismiss Defendant Ion Geophyisical Corp.'s ("Ion") breach of contract and conversion counterclaims (Doc. No. 12), and Ion's Motion to Dismiss WesternGeco's inequitable conduct claims (Doc. No. 20). For the following reasons, WesternGeco's Motion must be granted, and Ion's Motion must be denied. I. BACKGROUND This is a patent case involving marine seismic streamer technology ... Don Victor HARBOLT, Petitioner, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. , N.D.Tex., October 28, 2009 ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE DAVID C. GODBEY, District Judge. After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the Court is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of th... Loran Micha ALEXANDRE a/k/a Michael Alexander, Plaintiff, v. Arnold SCHWARZENEGGER, et al., Defendants. , N.D.Tex., October 28, 2009 MEMORANDUM OPINION AND ORDER MARY LOU ROBINSON, District Judge. Defendants Arnold Schwarzenegger, James Tilton, and the California Dept. of Corrections and Rehabilitation moved on October 1, 2009, for dismissal of all claims against them because of a lack of personal jurisdiction, improper venue, failure to properly serve Defendants Schwarzenegger and Tilton, and because of the bars of limitations and sovereign immunity. Plaintiff has filed a response in opposition, and Defendants a reply. De... SECURITIES and EXCHANGE COMMISSION, Plaintiff, v. TERAX ENERGY, INC., Westar Oil, Inc., Mark Roy Anderson, and Linda Contreras, Defendants, The September Trust, and Camden Holdings, Inc., Relief Defendants. , N.D.Tex., October 28, 2009 Barlow, Garsek & Simon, L.L.P., Henry W. Simon, Jr., Robert A. Simon, Fort Worth, TX, for Keystone Exploration, Ltd. Parks Huffman McVay Shepard & Wells, P.C., Robert P. Shepard, Arlington, TX, for Distribution Agent. United States Securities And Exchange Commission, Toby M. Galloway, Trial Attorney, Fort Worth, TX. MEMORANDUM ORDER SUSTAINING IN PART AND OVERRULING IN PART OBJECTION OF KEYSTONE EXPLORATION, LTD. TO THE DISTRIBUTION AGENT'S MOTION TO. APPROVE PLAN OF DISTRIBUTION TO WEST... James Michael DAVIS, Movant, v. UNITED STATES of America, Respondent. , N.D.Tex., October 28, 2009 MEMORANDUM OPINION AND ORDER JORRGE A. SOLIS, District Judge. The Court has under consideration a Motion to Vacate, Set Aside, or Correct Sentence brought by movant pursuant to 28 U.S.C. § 2255. The respondent is the United States of America ("the government"). I. BACKGROUND In a twenty-three count indictment filed October 17, 2001, the government charged movant and two codefendants (husband and wife Robbie Lesa Hames and Charles Williams Hames collectively referred to as "the Hameses") wit... UNITED STATES of America, Plaintiff, v. Jermaine MARSAW, Defendant. , N.D.Tex., October 28, 2009 Cynthia Michelle Barbare, Barbare & Associates, Robert Ray Simmons, The Law Offices of Barbare & Associates, John M. Nicholson, Federal Public Defender, M. Jill Bindler, McKool Smith, Dallas, TX, for Defendant. John J Boyle-DOJ, Rick Alan Calvert-DOJ, JR U.S. Attorney's Office, Dallas, TX, for Plaintiff. MEMORANDUM OPINION AND ORDER SIDNEY A. FITZWATER, Chief Judge. Defendant Jermaine Marsaw's ("Marsaw's") October 9, 2009 motion for relief from discovery violations is granted to the exte... Nemesio CASTRO, on behalf of himself and all others similarly situated, Plaintiff, v. COLLECTO, INC. dba Collection Company of America, and U.S. Asset Management Inc., Defendants. , W.D.Tex., October 27, 2009 Cathleen M. Combs, James O. Latturner, Edelman Combs Latturner & Goodwin, Chicago, IL, Scott Alan Vogelmeier, Law Office of Scott A. Vogelmeier, El Paso, TX, for Plaintiff. Keith Wier, Bush & Ramirez, LLC, Houston, TX, for Defendants. MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS THE COMPLAINT OR, ALTERNATIVELY, FOR JUDGMENT ON THE PLEADINGS AND DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT FRANK MONTALVO, District Judge. On this date, the Court considered Co... Franchesca O'NEAL, Plaintiff, v. Charles FALCON, Defendant. , W.D.Tex., October 27, 2009 Franchesca O'Neal, San Antonio, TX, pro se. Robert Eichelbaum, Davidson & Troilo, PC, San Antonio, TX, for Plaintiff. Bruce K. Spindler, Langley & Banack, Inc., San Antonio, TX, for Defendant. ORDER XAVIER RODRIGUEZ, District Judge. On this date, the Court considered Defendant Charles Falcon's Motion for Summary Judgment (docket no. 44). After careful consideration, the Court grants the motion. I. Background On July 1, 2008, Plaintiff filed an original petition in state court, alleg... CH2M HILL, INC., Plaintiff, v. COMAL COUNTY, TEXAS, Defendant. , W.D.Tex., October 27, 2009 ORDER ON DEFENDANTS' MOTION TO DISMISS XAVIER RODRIGUEZ, District Judge. On this date, the Court considered Defendant's motion to dismiss (Docket Entry No. 3). Having reviewed the motion, Plaintiff's response, and Defendant's reply, the motion to dismiss is DENIED. Defendant is not immune from suit and this Court has jurisdiction to adjudicate this case. Moreover, Plaintiff provides sufficient allegations to bring a claim for breach of contract and to seek a declaratory judgment. Factual an... TRUESCENTS, LLC, v. BIG LOTS STORES, INC. , W.D.Tex., October 27, 2009 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN, United States Magistrate Judge. TO: THE HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE Before the Court are Defendant Big Lot Stores, Inc.'s Motion to Dismiss, or, in the Alternative, Motion for Summary Judgment, filed on June 8, 2009 (Clerk's Doc. No. 34); Plaintiff's Response to Defendant Big Lot Stores, Inc.'s Motion to Dismiss, or, in the Alternative, Motion for Summary Judgment, filed on June 16, 2009... Holli LUNDAHL, Plaintiff, v. Albert HAWKINS, Commissioner for the Dept. of Health and Human Services for the State of Texas; Andrew Arnott, Lenore Lopez, Amanda Matravers, and Does Employees of the Utah Department of Health and Human Services; Acco, W.D.Tex., October 27, 2009 ORDER ACCEPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION XAVIER RODRIGUEZ, District Judge. On this date the Court considered the United States Magistrate Judge's Report and Recommendation in the above-numbered and styled case, filed August 10, 2009 (docket no. 4) and Plaintiff's response thereto (docket no. 7). The Magistrate Judge recommends denying Plaintiff's motion to proceed in forma pauperis, denying the request for counsel, dismissing the case under section 1915(e) as... Maria Cristina NAVARRO, Plaintiff, v. John E. POTTER, Postmaster General, United States Postal Service, Defendant. , W.D.Tex., October 27, 2009 ORDER ON MOTION FOR MORE DEFINITE STATEMENT XAVIER RODRIGUEZ, District Judge. On this day, the Court considered Defendant's Motion for a More Definite Statement (Docket Entry No. 8). Having reviewed Plaintiff's complaint and Defendant's motion, Defendant's motion is hereby GRANTED IN PART AND DENIED IN PART. Plaintiff must replead to demonstrate that this Court has jurisdiction over this matter, but is not required to provide all the information sought by Defendant. Background and Procedura... Charles David BROWN v. Captain ENGLISH, et al. , E.D.Tex., October 27, 2009 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT RON CLARK, District Judge. The Petitioner Charles Brown, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. § 1983 complaining of the legality of prison disciplinary action taken against him. This Court ordered that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and (3) and the Amended Order for the Adoption of Local Rule... La Candy HILL v. DIRECTOR, TDCJ-CID. , E.D.Tex., October 27, 2009 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT RON CLARK, District Judge. The Petitioner La Candy Hill, proceeding pro se, filed this application for the writ of habeas corpus under 28 U.S.C. § 2254 complaining of the legality of her conviction. This Court ordered that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the... Cathy VALLES, Plaintiff, v. Jimmy FRAZIER and Allstar Erosion Control, Defendants. , W.D.Tex., October 27, 2009 ORDER ON MOTION FOR SUMMARY JUDGMENT XAVIER RODRIGUEZ, District Judge. On this date, the Court considered the Defendants Jimmy Frazier and Allstar Erosion Control's Motion For Summary Judgment and Brief in Support (Docket Entry No. 15). Having reviewed the motion, Defendant's response, and Plaintiff's reply, the motion is hereby GRANTED IN PART AND DENIED IN PART. Background Plaintiff Cathy Valles ("Valles") was hired to work at Allstar Erosion Control Company ("Allstar") in November of 200... James Coy MIDDLETON, Petitioner, v. Nathaniel QUARTERMAN, [FN1] Respondent. FN1. As Director of the Texas Department of Criminal Justice- Correctional Institutions Division, Nathaniel Quarterman is the proper respondent in this habeas action, S.D.Tex., October 27, 2009 ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO GRANT RESPONDENT'S MOTION FOR SUMMARY JUDGMENT JANIS GRAHAM JACK, District Judge. On August 12, 2009, United States Magistrate Judge Brian L. Owsley signed a Memorandum and Recommendation recommending that respondent's motion for summary judgment (D.E.10) be granted and that petitioner's habeas petition (D.E.1) be dismissed without prejudice as unexhausted. The Memorandum and Recommendation recommended further that petitioner be denied a certifi... Joseph R. TURBERG, III, Plaintiff, v. Nathaniel QUARTERMAN, Defendant. , S.D.Tex., October 27, 2009 OPINION ON DISMISSAL MELINDA HARMON, District Judge. Plaintiff Joseph R. Turberg, III, a state inmate proceeding pro se and in forma pauperis, has filed a civil rights complaint pursuant to 42 U.S.C. § 1983, alleging that defendant Nathaniel Quarterman subjected him to cruel and unusual living conditions, denied him access to the courts, abused his authority, and violated the 13th Amendment. (Docket Entry No.1). Plaintiff states no other facts with respect to these general claims. He has, how... Brian PRUDE v. DIRECTOR, TDCJ-CID. , E.D.Tex., October 27, 2009 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT THAD HEARTFIELD, District Judge. The Petitioner Brian Prude, proceeding pro se, filed this application for the writ of habeas corpus under 28 U.S.C. § 2254 complaining of the legality of prison disciplinary action taken against him. This Court ordered that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and (3) and the Amended Order for t... Zachary Paul HART, Plaintiff, v. HARRIS COUNTY D.A., et al., Defendants. , S.D.Tex., October 27, 2009 OPINION ON DISMISSAL MELINDA HARMON, District Judge. Plaintiff Zachary Paul Hart, a state inmate proceeding pro se and in forma pauperis, has filed a civil rights complaint pursuant to 42 U.S.C. § 1983, alleging that he was denied a fair trial by the trial judge, prosecutor, and his defense counsel. (Docket Entry No. 1). Plaintiff seeks a federal grand jury investigation and monetary relief. (Id.). For the reasons to follow, the Court will dismiss this action pursuant to 28 U.S.C. § 1915(... Murphy WARD, Plaintiff, v. R. QUADA, et al., Defendants. , S.D.Tex., October 27, 2009 OPINION ON DISMISSAL MELINDA HARMON, District Judge. Plaintiff Murphy Ward, an inmate incarcerated in the Texas Department of Criminal Justice--Correctional Institutions Division ("TDCJ-CID") proceeding pro se but not in forma pauperis, has filed a complaint alleging violations of his civil rights under 42 U.S.C. § 1983 and the Americans with Disabilities Act ("ADA"). (Docket Entry No. 1). For the reasons to follow, the Court will dismiss the complaint pursuant to 28 U.S.C. § 1915A. I. BACK... Lionel NEWMAN, Petitioner, v. Rick THALER, Director, Texas Department of Criminal Justice--Correctional Institutions Division, Respondent. [FN1]FN1. The petition names Nathaniel Quarterman as the respondent. Because Quarterman has retired as Direct, S.D.Tex., October 27, 2009 MEMORANDUM AND ORDER KENNETH M. HOYT, District Judge. State inmate Lionel Newman (TDCJ # 1337578, former TDCJ # 1249138, # 1196147, # 583106) has filed a petition under 28 U.S.C. § 2254, seeking a federal writ of habeas corpus to challenge his state court conviction for burglary of a habitation with intent to commit theft. The respondent has answered with a motion for summary judgment, arguing that Newman is not entitled to relief. (Docket No. 15). Newman has filed a response. (Docket No. 18... UNITED STATES of America, Plaintiff-Respondent, v. Gerardo VALDEZ, Defendant-Movant. , S.D.Tex., October 27, 2009 MEMORANDUM AND RECOMMENDATION FRANCES H. STACY, United States Magistrate Judge. Before the Magistrate Judge in this federal habeas corpus proceeding pursuant to 28 U.S.C. § 2255 is Movant Gerardo Valdez's § 2255 Motion to Vacate, Set Aside or Correct Sentence (Document No.114), [FN1] Movant's Addendum to his § 2255 Motion (Document No. 115), Movant's Motion for Leave to File Memorandum in Support of § 2255 Motion (Document No. 123) and Memorandum in Support of § 2255 Motion (Document No. 124)... LAKEWOOD CHIROPRACTIC CLINIC, Plaintiff, v. TRAVELERS LLOYDS INSURANCE COMPANY; and Sonja R. Victor, Defendants. , S.D.Tex., October 27, 2009 MEMORANDUM AND ORDER EWING WERLEIN, JR., District Judge. Pending is Plaintiff Lakewood Chiropractic Clinic's Motion to Remand (Document No. 6). After carefully considering the motion, response, and the applicable law, the Court concludes as follows. I. Background This is a Hurricane Ike insurance dispute. Plaintiff Lakewood Chiropractic Clinic ("Plaintiff") filed a claim under its insurance policy (the "Policy") with Travelers Lloyds Insurance Company ("Travelers") for hurricane damage to ... Molly SOSTAND and Raymond Sostand, individually and as the representative of the Estate of Christopher George Sostand, deceased, Plaintiffs, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, Lewis E. Cunningham, and Railpros, Inc., Defendants. , S.D.Tex., October 27, 2009 MEMORANDUM AND ORDER NANCY F. ATLAS, District Judge. In this negligence and wrongful death case, Defendants Lewis E. Cunningham ("Cunningham") and RailPros, Inc. ("RailPros") have moved for summary judgment on Plaintiffs' negligence claim. [FN1] Plaintiffs Molly and Raymond Sostand, individually and as representative of the estate of Christopher George Sostand, deceased, have responded. [FN2] Defendants replied, and Plaintiffs filed a surreply. [FN3] Having considered the parties' briefing, t... Wendy GUZMAN, Individually and as Next Friend of T.G., A Minor, Plaintiffs v. MEMORIAL HERMANN HOSPITAL SYSTEM d/b/a Memorial Hermann Southeast Hospital, Defendant. , S.D.Tex., October 27, 2009 MEMORANDUM AND ORDER LEE H. ROSENTHAL, District Judge. This medical malpractice suit arises out of emergency room care Dr. Philip A. Haynes provided to plaintiff Wendy Guzman's minor son, T.G., at Memorial Hermann Southeast Hospital (Memorial Hermann) in February 2006. Shortly after the plaintiffs settled with Memorial Hermann, Haynes moved for leave to designate it as a responsible third party under section 33.004 of the Texas Civil Practice and Remedies Code. (Docket Entry No. 132). Guzman ... Felipe MOLINA-URIBE v. UNITED STATES of America. , S.D.Tex., October 27, 2009 Jeffrey L. Wilde, Paul G. Hajjar, Federal Public Defender, Brownsville, TX, Brent Evan Newton, Deputy Staff Director, Washington, DC, for Felipe Molina-uribe. James L. Turner, Mark Michael Dowd, Paula C. Offenhauser, US Attorneys Office, Houston, TX, for United States of America. MEMORANDUM OPINION AND ORDER ANDREW S. HANEN, District Judge. This case was referred to Magistrate Judge Ronald Morgan on August 4, 2009, and he issued a Report and Recommendation on September 10, 2009. (Doc. No... Kennedy JONES, Plaintiff, v. Ray LAHOOD, Secretary, U.S. Department of Transportation (Federal Aviation Administration), and the United States of America, Defendants. , N.D.Tex., October 27, 2009 Jim Warren Lane, Fort Worth, TX, for Plaintiff/Petitioner. Donna K. Webb, U.S. Attorney's Office, Fort Worth, TX, for Defendant/Respondent. MEMORANDUM OPINION and ORDER JOHN McBRYDE, District Judge. Now before the court are two motions filed in the above action by defendant Ray LaHood, Secretary of Department of Transportation, (Federal Aviation Administration)("LaHood"): (1) motion to dismiss for lack of subject matter jurisdiction, and (2) motion for summary judgment. Plaintiff filed n... James Scott THOMAS, Plaintiff, v. Brad LIVINGSTON, et al., Defendants. , S.D.Tex., October 27, 2009 MEMORANDUM AND ORDER ON DISMISSAL EWING WERLEIN, JR., District Judge. Plaintiff James Scott Thomas, a state inmate proceeding pro se and in forma pauperis, has filed a complaint pursuant to 42 U.S.C. § 1983 alleging that he has been denied access to the courts. (Docket Entry No.1). For the reasons to follow, the Court will dismiss his complaint because it is legally frivolous. BACKGROUND At the time plaintiff filed the pending complaint in mid-April, 2009, his appeal from the final judgment... Robert Wayne WATSON, Petitioner, v. Rick THALER, Respondent. , S.D.Tex., October 27, 2009 MEMORANDUM AND OPINION LEE H. ROSENTHAL, District Judge. The petitioner, Robert Wayne Watson, seeks habeas corpus relief under 28 U.S.C. § 2254. He challenges a state felony conviction for forgery of a commercial instrument. The respondent has moved for summary judgment on the ground that the petition was filed too late. (Docket Entry No. 7, pp. 1-2). Alternatively, the respondent argues that some of the claims are unexhausted and procedurally barred. (Id. at 2). The respondent has provided ... UNITED STATES of America v. Bobby Wayne REED. , N.D.Tex., October 27, 2009 ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS MARY LOU ROBINSON, District Judge. Before the Court are Defendant Bobby Wayne Reed's motion for writ of audita querela, the September 21, 2009, findings, conclusions, and recommendation of the United States Magistrate Judge, and Defendant Reed's filed objections to the report and recommendation. The Court has reviewed the motion along with the record in this case, and has reviewed for error the proposed findings, conclusions and re... Steven Keith GREEN, v. Mike THOMAS, Judge, Criminal District Court No. 4, Tarrant County, Texas, et al. , N.D.Tex., October 27, 2009 OPINION and ORDER OF PARTIAL DISMISSAL UNDER 28 U.S.C. §§ 1915A(B) and UNDER 28 U.S.C. §§ 1915(e)(2)(B) TERRY R. MEANS, District Judge. This case is before the Court for review of pro-se inmate and plaintiff Steven Keith Green's claims under the screening provisions of 28 U.S.C. §§ 1915A and 1915(e)(2)(B). Green, a detainee at the Tarrant County jail, filed a form civil-rights complaint with attachment pages, seeking relief under 42 U.S.C. § 1983, and naming as defendants Mike Thomas, judge, ... Russell Vernon READO v. DIRECTOR, TDCJ-CID. , E.D.Tex., October 26, 2009 MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION THAD HEARTFIELD, District Judge. Russell Vernon Reado, proceeding pro se, filed this petition for writ of habeas corups pursuant to 28 U.S.C. § 2254. The court previously referred this matter to the Honorable Earl s. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge has submitt... Robert Vernon CLARK Jr. v. DIRECTOR, TDCJ-CID. , E.D.Tex., October 26, 2009 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT THAD HEARTFIELD, District Judge. The Petitioner Robert Clark, proceeding pro se, filed this application for the writ of habeas corpus complaining of the legality of his conviction. This Court ordered that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Dut... Wanda FRAZIER, Plaintiff, v. Tommie LEE, Defendant. , S.D.Tex., October 26, 2009 MEMORANDUM OPINION AND ORDER KENNETH M. HOYT, District Judge. I. INTRODUCTION Pending before the Court is the defendant's, Trooper Tommy Lee ("Trooper Lee"), motion for summary judgment and brief in support (Docket Entry No. 18). The plaintiff, Wanda Frazier ("Frazier"), has failed to file a response. After having carefully considered the pleadings, the motion, the record, the uncontested facts and the applicable law, the Court determines that Trooper Lee's motion for summary judgment should ... Maria BREED, Plaintiff, v. WALGREEN CO., Defendant. , S.D.Tex., October 26, 2009 MEMORANDUM OPINION AND ORDER GRAY H. MILLER, District Judge. Pending before the court is defendant Walgreen Co.'s ("Walgreens") motion for summary judgment. Dkt. 16. On consideration of the parties' pleadings, the summary judgment evidence, and the applicable law, the court GRANTS Walgreens's motion for summary judgment. I. BACKGROUND Walgreens is a corporation composed of national retail pharmacies. Plaintiff Maria Breed ("Breed"), a Hispanic female, was hired by Walgreens in 1999 a... Rosalind HAIRSTON, Plaintiff, v. Pete GEREN, et al, Defendants. , S.D.Tex., October 26, 2009 Charles C. Smith, Attorney at Law, Corpus Christi, TX, for Plaintiff. Charles Wendlandt, Jr., U.S. Attorney's Office, Corpus Christi, TX, for Defendants. ORDER JANIS GRAHAM JACK, District Judge. On this day came on to be considered Defendant's Motion for Summary Judgment. (D.E.16.) For the reasons stated herein, Defendant's Motion is GRANTED and this action is DISMISSED. I. Jurisdiction This Court has federal question jurisdiction over this case pursuant to 28 U.S.C. § 1331 because Pl... Arthur GUTIERREZ, Petitioner v. Claude MAYE, Warden, FCI Bastrop, Respondent. , W.D.Tex., October 26, 2009 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN, United States Magistrate Judge. TO: THE HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE Before the Court are: Arthur Gutierrez's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, filed March 30, 2009 (Clerk's Docket No. 1); Memorandum in Support of Petition, filed March 30, 2009 (Clerk's Docket No. 2); Respondent's Motion to Dismiss Petitioner's Petition for Writ of Habeas Corpus for Failure ... Eduardo PEREZ v. UNITED STATES of America. , E.D.Tex., October 26, 2009 Ira Fidel Perz, Attorney at Law, Houston, TX, for Eduardo Perez. William D. Baldwin, U.S. Attorney's Office, Tyler, TX, for United States of America. MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT LEONARD DAVIS, District Judge. The Movant Eduardo Perez, proceeding through counsel, filed this motion to vacate or correct his sentence under 28 U.S.C. § 2255 complaining of the legality of his conviction. This Court ordered that... Michael NOONAN v. DIRECTOR, TDCJ-CID. , E.D.Tex., October 26, 2009 Michael Noonan, Tennessee Colony, TX, pro se. Kara Denise Holsinger, Office of the Attorney General, Austin, TX, for Director, TDCJ-CID. MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT LEONARD DAVIS, District Judge. The Petitioner Michael Noonan, proceeding pro se, filed this application for the writ of habeas corpus complaining of the failure by prison officials to release him on mandatory supervision. This Court ordered th... JP MORGAN CHASE BANK, N.A., Plaintiff, v. STATE BANK et al., Defendants. , S.D.Tex., October 26, 2009 MEMORANDUM AND ORDER GRAY H. MILLER, District Judge. Pending before the court are defendants Prosperity Bank's and Prosperity Bancshares, Inc.'s motions to dismiss (Dkts.9, 10) and plaintiff JP Morgan Chase Bank, N.A.'s motion to dismiss defendants' counterclaims (Dkt.12). After reviewing the motions, the responses, and the applicable law, defendants' motions to dismiss are DENIED and plaintiff's motion to dismiss is GRANTED. BACKGROUND Plaintiff JP Morgan Chase Bank, N.A. ("JPMC") a... FIBER SYSTEMS INTERNATIONAL, INC. v. APPLIED OPTICAL SYSTEMS, INC. , E.D.Tex., October 26, 2009 MEMORANDUM OPINION AND ORDER T. JOHN WARD, District Judge. I. Introduction Pending before the court is the plaintiff Fiber Systems International, Inc.'s ("FSI") motion for summary judgment (Dkt. No. 260) on the defendant Applied Optical Systems, Inc.'s ("AOSI") affirmative defenses and counterclaims. For the reasons discussed below, the motion for summary judgment is GRANTED in part and DENIED in part. II. Factual and Procedural Background FSI filed its complaint on November 14, 2006 again... Salvatore BATTAGLIA v. Keith ROY. , E.D.Tex., October 26, 2009 Salvatore Battaglia, Texarkana, TX, pro se. MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION DAVID FOLSOM, District Judge. Salvatore Battaglia, proceeding pro se, filed the above-styled petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The court referred this matter to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable orders of this court. The magistrate... Joseph Kenneth ARNOLD v. DIRECTOR, TDCJ-CID. , E.D.Tex., October 26, 2009 Joseph Kenneth Arnold, C. T. Terrell Unit, Rosharon, TX, pro se. MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION DAVID FOLSOM, District Judge. Petitioner Joseph Kenneth Arnold, a prisoner confined at the Terrell Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The court ordered that this matter be referred to the Honorable Keith F.... Terry Renard FISHER v. The State of TEXAS. , W.D.Tex., October 26, 2009 Terry Renard Fisher, Del Valle, TX, pro se. REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ANDREW W. AUSTIN, United States Magistrate Judge. To: The Honorable Sam Sparks, United States District Judge The Magistrate Court 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 t... Mary ROSS, Plaintiff, v. Judge Ernest WHITE, et al., Defendants. , N.D.Tex., October 26, 2009 ORDER JORGE A. SOLIS, District Judge. After conducting a review of the pleadings, files and records in this case, and the Findings and Recommendation of the United States Magistrate Judge in accordance with 28 U.S.C. § 636(b)(1), I am of the opinion that the Findings and Recommendation of the Magistrate Judge are correct, and they are hereby accepted as the Findings of the Court. SO ORDERED. Mary J. ROSS, Plaintiff, v. Judge Ernest WHITE, Defendant. , N.D.Tex., October 26, 2009 Mary J. Ross, Dallas, TX, pro se. ORDER SAM A. LINDSAY, District Judge. Before the court are the Findings and Recommendation of the United States Magistrate Judge, filed October 1, 2009. No objections were filed. This is a pro se civil action. The magistrate judge determined that the action should be dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2) because Defendant Judge Ernest White has absolute judicial immunity. Having reviewed the pleadings, file and record in this case,... Shandell Meil GRIMBLE, Petitioner, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. , N.D.Tex., October 26, 2009 Shandell Meil Grimble, Tennessee Colony, TX, pro se. ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE IRMA CARRILLO RAMIREZ, United States Magistrate Judge. JORGE A. SOLIS, District Judge. After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opi... Laura WETZEL-SANDERS, v. Judge John McBRYDE. , N.D.Tex., October 26, 2009 Laura Wetzel-Sanders, Fort Worth, TX, pro se. OPINION and ORDER OF DISMISSAL UNDER 28 U.S.C. §§ 1915A(B) and UNDER 28 U.S.C. §§ 1915(e)(2)(B) TERRY R. MEANS, District Judge. This case is before the Court for review of pro-se inmate and plaintiff Laura Wetzel-Sanders's case under the screening provisions of 28 U.S.C. §§ 1915A and 1915(e)(2)(B). Wetzel-Sanders, an inmate at the Bureau of Prisons' ("BOP") FMC-Carswell facility, filed a form civil-rights complaint seeking relief under 42 U.S.C.... Derrick Lynn HAYNES, Petitioner, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. , N.D.Tex., October 26, 2009 Derrick Lynn Haynes, Tennessee COLONY, TX, pro se. ORDER A. JOE FISH, Senior District Judge. After making the review required by 28 U.S.C. § 636(b), the court finds that the findings, conclusions and recommendation of the magistrate judge are correct, and they are ADOPTED as the findings and conclusions of the court. SO ORDERED. FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE PAUL D. STICKNEY, United States Magistrate Judge. This case has been referred to t... Michael M. GOODALL, Plaintiff, v. CITY OF BEAUMONT, Defendant. , E.D.Tex., October 26, 2009 Michael M. Goodall, Beaumont, TX, pro se. Joseph P. Sanders, Assistant City Attorney, Beaumont, TX, for Defendant. MEMORANDUM ORDER ADOPTING REPORT AND OF DISMISSAL THAD HEARTFIELD, District Judge. Pursuant to 28 U.S.C. § 636(b)(1)(A) and the Local Rules for the United States District Court, Eastern District of Texas, Appendix B, the Court referred this matter to United States Magistrate Judge Keith F. Giblin for consideration and recommended disposition on case-dispositive pretrial moti... LaShaunda SESSION, Plaintiff, v. Michael J. ASTRUE, Commission of Social Security, Defendant. , N.D.Tex., October 26, 2009 Lashaunda Session, Dallas, TX, pro se. ORDER A. JOE FISH, Senior District Judge. After conducting a review of the pleadings, files and records in this case, and the findings and recommendation of the United States Magistrate Judge in accordance with 28 U.S.C. § 636(b)(1), I am of the opinion that the findings and recommendation of the magistrate judge are correct, and they are hereby accepted as the findings of the court. SO ORDERED. FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGIS... Gerardo ALBA, Petitioner, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. , N.D.Tex., October 26, 2009 Gerardo Alba, Lovelady, TX, pro se. ORDER A. JOE FISH, Senior District Judge. After conducting a review of the pleadings, files and records in this case, and the findings and recommendation of the United States Magistrate Judge in accordance with 28 U.S.C. § 636(b)(1), I am of the opinion that the findings and recommendation of the magistrate judge are correct, and they are hereby accepted as the findings of the court. SO ORDERED. FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRA... Gerardo ALBA, Petitioner, v. Rick THALER, Director Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. , N.D.Tex., October 26, 2009 Gerardo Alba, Lovelady, TX, pro se. ORDER JANE J. BOYLE, District Judge. After conducting a review of the pleadings, files and records in this case, and the Findings and Recommendation of the United States Magistrate Judge in accordance with 28 U.S.C. § 636(b)(1), I am of the opinion that the Findings and Recommendation of the Magistrate Judge are correct, and they are hereby accepted as the Findings of the Court. SO ORDERED. FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE ... Gerardo Bazaldua ALVARADO, Petitioner, v. Eric HOLDER, Attorney General, Respondent. , N.D.Tex., October 26, 2009 Gerardo Bazaldua Alvarado, Venus, TX, pro se. ORDER A. JOE FISH, Senior District Judge. After making the review required by 28 U.S.C. § 636(b), the court finds that the findings, conclusions and recommendation of the magistrate judge are correct, and they are ADOPTED as the findings and conclusions of the court. SO ORDERED. FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE PAUL D. STICKNEY, United States Magistrate Judge. Pursuant to the provisions of 28 U... Michael B. WILLIAMS, Plaintiff, v. Jonathan A. DAVIS, et al., Defendants. , N.D.Tex., October 26, 2009 Michael B. Williams, Dallas, TX, pro se. Calysta Johnson, Office of the Texas Attorney General, Austin, TX, for Defendants. ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE JANE J. BOYLE, District Judge. After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge... Curley James BOYKIN, Petitioner, v. Rick THALER, Respondent. , S.D.Tex., October 26, 2009 Curley James Boykin, Houston, TX, pro se. Jon R. Meador, Office of The Attorney General Austin, TX, for Respondent. MEMORANDUM OPINION AND ORDER KEITH P. ELLISON, District Judge. Curley James Boykin, a state inmate proceeding pro se, seeks habeas relief challenging his parole revocation proceeding. Respondent filed a motion for summary judgment, (Docket Entry No. 20), to which petitioner responded. (Docket Entry No. 23.) Based on consideration of the pleadings, the motion and response... Stanley Spencer DAVIDSON, v. Rick THALER, Director, T.D.C.J. Correctional Institutions Div. , N.D.Tex., October 26, 2009 Stanley Spencer Davidson, Iowa Park, TX, pro se. ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS TERRY R. MEANS, District Judge. In this action brought by petitioner Stanley Spencer Davidson under 28 U.S.C. § 2254, the Court has made an independent review of the following matters in the above-styled and numbered cause: 1. The pleadings and record; 2. The proposed findings, conclusions, and recommendation of the United States magistrate judge filed on September 23, 2009; ... The INCLUSIVE COMMUNITIES PROJECT, INC., Plaintiff, v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Defendant. , N.D.Tex., October 26, 2009 Michael M. Daniel, Law Office of Michael M. Daniel, Laura Beth Beshara, Daniel & Beshara, Dallas, TX, for Plaintiff. James D. Todd, Jr., Kimberly Lynn Herb, U.S. Department of Justice, Washington, DC, for Defendant. MEMORANDUM ORDER JEFF KAPLAN, United States Magistrate Judge. Plaintiff has filed a motion for leave to amend its complaint in this case brought under the Fair Housing Act of 1968 ("FHA"), 42 U .S.C. § 3601, et seq. Defendant opposes the motion because the proposed amendment ... R. Wayne JOHNSON, pro se, Plaintiff, v. Paul SLOAN, G. Glenn, D. Glenn, K. Holt, D. Davis, R. Stone, D. Denton, K. Richerson, B. Clark, J. Brown, John Adams, M. Maes, M. Erwin, N. Flores, G. Granate, S. Paul, H. Arias, and J. Baker, Defendants. , N.D.Tex., October 26, 2009 MEMORANDUM OPINION AND ORDER OF DISMISSAL MARY LOU ROBINSON, District Judge. Plaintiff R. WAYNE JOHNSON, acting pro se and while a prisoner incarcerated in the Texas Department of Criminal Justice, Correctional Institutions Division, has filed an Amended Complaint pursuant to Title 42, United States Code, section 1983 complaining against the above-referenced defendants. Plaintiff paid the filing fee and is not proceeding in forma pauperis. By his October 22, 2009 Amended Complaint, plaintiff ... Ronnie WATKINS v. TEXAS CES, INC. d/b/a Felderhoff Brothers Drilling. , N.D.Tex., October 26, 2009 Daryl J. Sinkule, Mark G. Lazarz, Shellist Lazarz, LLP, Houston, TX, for Plaintiff. Christopher Earl Moore, Christine M. White, Coats Rose, PC, New Orleans, LA, Carol P. Keough, Coats, Rose, Yale, Ryman & Lee, Houston, TX, for Defendant. ORDER DENYING MOTION FOR SUMMARY JUDGMENT TERRY R. MEANS, District Judge. Pending before the Court is Defendant's Motion for Summary Judgment (doc. # 20), filed June 19, 2009. For the following reasons, the Court DENIES the motion. I. BACKGROUND Plai... David BARRIE, et al., Plaintiffs, v. INTERVOICE-BRITE, INC., et al., Defendants. , N.D.Tex., October 26, 2009 MEMORANDUM OPINION AND ORDER ED KINKEADE, District Judge. Before the court is Lead Plaintiffs' Motion for Class Certification, filed February 3, 2006, and the parties' various supplemental filings regarding the class certification issue, which were filed between October 2007 and September 2009. The court has considered the motion, response, reply, additional pleadings on file in this case, evidence submitted by the parties, and the applicable law. Because Lead Plaintiffs are now required, und... Jerry Tyrone HASTY, pro se, also known as Jerry Tyrone Hasty Haliburton, Plaintiff, v. Nathaniel QUARTERMAN, et al., Defendants. , N.D.Tex., October 26, 2009 MEMORANDUM OPINION AND ORDER OF DISMISSAL ANALYZING NEW CLAIMS ASSERTED IN OBJECTIONS TO REPORT AND RECOMMENDATION AND OVERRULING OBJECTIONS MARY LOU ROBINSON, District Judge. Plaintiff JERRY TYRONE HASTY, also known as JERRY TYRONE HASTY HALIBURTON, while a prisoner confined in the Texas Department of Criminal Justice, Correctional Institutions Division, filed suit pursuant to Title 42, United States Code, section 1983 complaining against thirty-three defendants employed by or otherwise asso... Matt McKOOL, Plaintiff, v. The TRAVELERS INDEMNITY COMPANY, Defendants. , N.D.Tex., October 25, 2009 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE IRMA CARRILLO RAMIREZ, United States Magistrate Judge. Pursuant to the District Court's Order of Reference, filed September 3, 2009, before the Court is Defendant's Motion to Dismiss and Compel Arbitration (doc. 4), filed August 28, 2009. Based on the relevant filings and applicable law, the motion to dismiss and to compel arbitration should be GRANTED, and the request for costs and attorney's fees under 28 U.S.C.... UNITED STATES of America, Plaintiff/Respondent, v. Gerardo Giilberto RIVERA, Defendant/Movant. , S.D.Tex., October 25, 2009 MEMORANDUM OPINION AND ORDER DENYING WITHOUT PREJUDICE MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE ORDER DIRECTING CRIMINAL JUDGMENT TO BE RE-ENTERED, AND ORDER APPOINTING COUNSEL ON APPEAL HAYDEN HEAD, Chief Judge. Pending before the Court is Defendant Gerardo Gilberto Rivera's motion pursuant to 28 U.S.C. § 2255 (D.E.85). [FN1] The United States filed a response, in which it conceded that Martinez was entitled both to equitable tolling and to relief on his claim of ineffective assistanc... UNITED STATES of America, Plaintiff/Respondent, v. Gilberto Jose RODRIGUEZ, Defendant/Movant. , S.D.Tex., October 25, 2009 MEMORANDUM OPINION AND ORDER DENYING MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE AND ORDER DENYING CERTIFICATE OF APPEALABILITY HAYDEN HEAD, Chief Judge. Pending before the Court is Movant Gilberto Jose Rodriguez's ("Rodriguez") motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255, with supporting memorandum. (D.E.49, 50). [FN1] Also before the Court is the government's response, which moves for the dismissal of Rodriguez's motion. (D.E.54, 55.) To date, Rodriguez... Raul MARTINEZ, Plaintiff, v. M. MARTIN, et al., Defendants. , S.D.Tex., October 25, 2009 ORDER ADOPTING MEMORANDUM AND RECOMMENDATION HAYDEN HEAD, Chief Judge. The Magistrate Judge recommends that this Court grant summary judgment in favor of Defendants. D.E. 37. Plaintiff has alleged deliberate indifference to his serious medical needs against several Defendants either employed by the Bureau of Prison (the "BOP Defendants") or by the University of Texas Medical Branch (the "UTMB Defendants"). D.E. 1. Both sets of Defendants move for summary judgment. D.E. 24, 33. The BOP Defenda... Kenneth Earl STANLEY, Petitioner, v. Rick THALER, [FN1] Respondent. FN1. Rick Thaler has replaced Nathaniel Quarterman as the Director of the Texas Department of Justice-Correctional Institutions Division. Accordingly, Thaler is automaticall, S.D.Tex., October 24, 2009 MEMORANDUM AND ORDER ON DISMISSAL EWING WERLEIN, JR., District Judge. Petitioner Kenneth Earl Stanley, an inmate incarcerated in the Texas Department of Criminal Justice--Correctional Institutions Division ("TDCJ- CID"), has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his state court felony conviction. For the reasons that follow, the Court will dismiss the petition pursuant to 28 U.S.C. § 2244(d) because it is barred by the governing statute of limitations... NAVO SOUTH DEVELOPMENT PARTNERS, LTD., Plaintiff, v. DENTON COUNTY ELECTRIC COOPERATIVE, INC. d/b/a Coserv Electric, Defendant. , E.D.Tex., October 23, 2009 Brian Vanderwoude, Winstead PC, Dallas, TX, for Plaintiff. Craig Buck Florence, Mark W. Bayer, Samuel E. Joyner, Gardere Wynne Sewell, Dallas, TX, for Defendant. MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RICHARD A. SCHELL, District Judge. Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On July 2... Sylvia MORRIS, Plaintiff, v. ADC TELECOMMUNICATIONS, INC., Defendant. , W.D.Tex., October 23, 2009 Elizondo & Hayes, P.C., El Paso, TX, for Plaintiff. Clara B. Burns, Gilbert Luis Sanchez, Kemp Smith LLP, El Paso, TX, for Defendant. ORDER KATHLEEN CARDONE, District Judge. On this day the Court considered Defendant's "12(b)(1) Motion to Dismiss for Lack of Subject-Matter Jurisdiction, and in the Alternative, § 1404 Motion to Transfer Venue" (Doc. No. 4). For the reasons set forth herein, the Motion is DENIED. I. BACKGROUND Defendant ADC Telecommunications, Inc. ("ADC"), a provider of g... Prince BROWN, Jr., v. DIRECTOR, TDCJ-CID. , E.D.Tex., October 23, 2009 ORDER OF DISMISSAL J. JOHN WARD, District Judge. The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge Charles Everingham, IV, who issued a Report and Recommendation concluding that the petition for a writ of habeas corpus should be denied. The Petitioner has filed objections. The Report of the Magistrate Judge, which contains his proposed findings of fact and recommendations for the disposition of such action, has been presented for conside... MONDIS TECHNOLOGY LTD., Plaintiff, v. TOP VICTORY ELECTRONICS (TAIWAN) CO. LTD. et al, Defendants. , E.D.Tex., October 23, 2009 Gretchen Sims Sween, Jeffrey Brian Plies, Dechert LLP, Austin, TX, Jack Wesley Hill, Otis W. Carroll, Jr., Ireland Carroll & Kelley, Tyler, TX, Jeffrey S. Edwards, Martin J. Black, Michael A. Fisher, Dechert LLP, Philadelphia, PA, for Plaintiff. Brian Berliner, Mark A. Samuels, Nicholas J. Whilt, Ryan K. Yagura, Vision L. Winter, O'Melveny & Myers, Los Angeles, CA, Herbert A. Yarbrough, III, Attorney At Law, Tyler, TX, for Defendants. MEMORANDUM OPINION AND ORDER T. JOHN WARD, District Judg... SOUTHWEST EFUEL NETWORK, L.L.C., Plaintiff, v. TRANSACTION TRACKING TECHNOLOGIES, INC., Defendant. , E.D.Tex., October 23, 2009 Eamonn Joseph Wiles, Robert R. Bodoin, Bodoin, Agnew & Greene, Kenneth Carson Hill, Hill Law Firm, Fort Worth, TX, Harry Lee Gillam, Jr., Gillam & Smith, LLP, Marshall, TX, for Plaintiff. Joel Thomas Beres, William Charles Ferrell, Jr., Stites & Harbison, Louisville, KY, James Randolph Michels, Melissa Carrie Hunter, Stites & Harbison, PLLC, Nashville, TN, Michael Charles Smith, Siebman, Reynolds, Burg, Phillips & Smith, LLP-Marshall, Marshall, TX, for Defendant. MEMORANDUM OPINION AND ORDE... James Andrew WALKER, Petitioner, v. Rick THALER, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. , S.D.Tex., October 23, 2009 MEMORANDUM AND RECOMMENDATION GRANTING RESPONDENT'S MOTION FOR SUMMARY JUDGMENT FRANCES H. STACY, United States Magistrate Judge. Pending in this federal habeas corpus proceeding pursuant to 28 U . S.C. § 2254 is Respondent's Motion for Summary Judgment (Document No. 17). Having considered the motion, the response (Document No. 23), the claims raised by Petitioner, the state court records, and the applicable law, the Magistrate Judge RECOMMENDS, for the reasons set forth below, that Responden... Jessie C. RIDLEY and Denise Ridley, v. ALLSTATE TEXAS LLOYDS, et al. , S.D.Tex., October 23, 2009 Rene M. Sigman, John Steven Mostyn, The Mostyn Law Firm, Tx, TX, for Jessie C. Ridley and Denise Ridley. Roger Dale Higgins, Thompson COE et al., Dallas, TX, for Allstate Texas Lloyds. OPINION AND ORDER JOHN R. FROESCHNER, United States Magistrate Judge. On October 22, 2009, this Court convened a Hearing on the Plaintiff's Motion for Leave to File Their First Amended Complaint (Instrument no. 22). The Motion was filed in an effort to join an additional Defendant, Linda Marie Berghult. Th... Dustin S. KOLODZIEJ, Plaintiff, v. James Cheney MASON, and, J. Cheney Mason, P.A., Defendants. , S.D.Tex., October 23, 2009 William David George, Connelly Baker Et. Al., Houston, TX, for Plaintiff. Louis K. Bonham, Osha Liang L.L.P., Austin, TX, Brian Kent Wunder, Osha Liang, Houston, TX, for Defendants. ORDER GRAY H. MILLER, District Judge. Pending before the court is defendants' motion to dismiss or in the alternative transfer. Dkt. 7. Upon consideration of the motion, the response, the reply, and the applicable law, the motion is GRANTED, and the case is DISMISSED without prejudice to refiling in a co... Tina RICHEY, Plaintiff, v. WAL-MART STORES, INC. and Wal-Mart Stores Texas LLC, Defendants. , S.D.Tex., October 23, 2009 Jo Miller, Law Office of Jo Miller PLLC, Conroe, TX, for Plaintiff. Charlotte Kaye McClusky, Littler Mendelson PC, Atlanta, GA, Alison Jacobs Gates, Melissa Jean Judd, Littler Mendelson PC, Houston, TX, for Defendants. ORDER STEPHEN WM. SMITH, United States Magistrate Judge. This Sabine Pilot wrongful discharge case is before the Court on the motion of defendants Wal-Mart Stores, Inc. and Wal-Mart Stores Texas, L.L.C. (collectively "Wal-Mart") for summary judgment. (Dkt.149). The motion ... SOUTHWESTERN MOTOR TRANSPORT, INC., Plaintiff, v. GIRAFFE LOGISTICS and Cardinal Health CMP 200, Inc., Defendants. , W.D.Tex., October 23, 2009 R. Gaines Griffin, Davidson & Troilo, P.C., San Antonio, TX, for Plaintiff. ORDER XAVIER RODRIGUEZ, District Judge. Before the Court is Defendant and Third-Party Plaintiff Cardinal Health 200, Inc's motion for default judgment (Docket Entry No. 52). After due consideration of the relevant law, the Court DENIES the motion and DISMISSES the remaining claims without prejudice. Background On February 23, 2009, Southwestern Motor Transport, Inc. ("SMT") brought an action against Giraffe Logist... Sharon TREVINO, Plaintiff, v. UNITED PARCEL SERVICE and Ronnie Weigant, Defendants. , N.D.Tex., October 23, 2009 Tanya L. Walker, Attorney at Law, Carrollton, TX, for Plaintiff. Joshua Lewis Flynt, Stephanie K. Osteen, Akin, Gump, Strauss, Hauer & Feld, Dallas, TX, for Defendants. MEMORANDUM OPINION AND ORDER JANE J. BOYLE, District Judge. Before the Court is the Motion of Defendant United Parcel Service for Summary Judgment on all of Plaintiff Sharon Trevino's claims (doc. 57). Trevino asserts multiple causes of action against Defendant United Parcel Service ("UPS") arising of out his employment r... Stephen M. AVDEEF and Melissa A. Avdeef, individually and as next friends of Anastasia M. Avdeef, a minor, and Shirley A. Avdeef, Plaintiffs, v. ROCKLINE INDUSTRIES, INC., Sam's East, Inc. d/b/a Sam's Club, and Wal-Mart Stores, Inc., Defendants. , N.D.Tex., October 23, 2009 Stephen M. Avdeef, Fort Worth, TX, pro se. Melissa A. Avdeef, Fort Worth, TX, pro se. Shirley A. Avdeef, Fort Worth, TX, pro se. Pamela J. Williams, Courtney G. Bowline, Gary D. Elliston Dehay & Elliston LLP, Dallas, TX, for Defendants. MEMORANDUM OPINION AND ORDER SAM A. LINDSAY, District Judge. Before the court are: (1) Plaintiffs' Motion for Change of Venue, filed August 17, 2009; (2) Defendants' Rule 11 Motion to Strike Portions of Plaintiffs' Reply to Defendants' Response to P... John Earl GREEN, Petitioner, v. Ric THALER, Respondent. , S.D.Tex., October 23, 2009 ORDER OF DISMISSAL GRAY H. MILLER, District Judge. John Earl Green, a state inmate proceeding pro se, challenges his disciplinary conviction. After reviewing the pleadings under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, the Court concludes that this case must be dismissed, as follows. Background and Claims Petitioner reports that he received a disciplinary conviction on October 28, 2008, and was punished with temporary cell restriction, loss ... Tina ESPINOZA, Plaintiff, v. CARGILL MEAT SOLUTIONS CORPORATION, Defendant. , N.D.Tex., October 23, 2009 Sean Michael Crowley, Glasheen, Valles, Inderman & Dehoyos LLP, Lubbock, TX, for Plaintiff. Slater Elza, Underwood Law Firm, Amarillo, TX, for Defendant. MEMORANDUM OPINION AND ORDER MARY LOU ROBINSON, District Judge. This is a suit for damages under Texas state tort law. Plaintiff, Tina Espinoza, sued Defendant, Cargill Meat Solutions Corporations (Cargill) for personal injuries sustained while working with a butt bone saw at Defendant's plant in Friona, Texas. Plaintiff pleaded causes ... GEMINI INSURANCE COMPANY, Plaintiff, v. TRIDENT ROOFING COMPANY, L.L.C., Defendant. , N.D.Tex., October 23, 2009 MEMORANDUM OPINION AND ORDER BARBARA M.G. LYNN, District Judge. Before the Court is Defendant's Motion to Dismiss for lack of subject matter jurisdiction [Docket Entry # 14]. For the reasons explained below, Defendant's Motion is DENIED. BACKGROUND FACTS AND PROCEDURAL HISTORY Plaintiff Gemini Insurance Company ("Gemini") filed this declaratory judgment action seeking a declaration that it does not owe Defendant Trident Roofing Company, L.L.C. ("Trident") a duty to defend or indemnify in a la... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com