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15-9587 - Brown et al v. K & L Tank Truck Service Inc et al


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15-9587 - Brown et al v. K & L Tank Truck Service Inc et al
September 1, 2017
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MEMORANDUM AND ORDER granting in part and denying in part 67 Defendants' Motion for Partial Summary Judgment. The trial of this case is specially set to begin on Monday, November 27, 2017 at 9:30am. The court will separately issue a trial order establishing deadlines relating to trial. Signed by District Judge John W. Lungstrum on 09/01/2017. (ses)
October 24, 2017
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MEMORANDUM AND ORDER granting in part and denying in part 99 Motion to Exclude. Please see order for details. Signed by District Judge J. Thomas Marten on 10/24/2017. (aa)
November 16, 2017
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MEMORANDUM AND ORDER denying 106 Motion to Amend/Correct ; denying 108 Motion in Limine; granting in part and denying in part 110 Motion in Limine. Signed by District Judge J. Thomas Marten on 11/15/2017. (aa)
November 29, 2017
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MEMORANDUM AND ORDER re 145 Objection(s), filed by Barbara Brown, John Brown, 144 Objection(s), filed by Alfonso Martinez, K & L Tank Truck Service, Inc., Tom Herrell. IT IS THEREFORE ORDERED this 29th day of November, 2017, that defendants' objection to plaintiffs' Exhibit 126 (Dkt. 144) is taken under advisement until trial. IT IS FURTHER ORDERED that plaintiffs' objections to defendants' Exhibits 35, 46, 48, 49, 57, and 59 (Dkt. 145) is granted in part, denied in part without prejudice, and taken under advisement until trial. Signed by District Judge J. Thomas Marten on 11/29/2017. (sz)
December 21, 2017
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MEMORANDUM AND ORDER. Defendants' oral motion for judgment as a matter of law is denied as to plaintiffs' breach of contract claims against K & L. However, defendants' motion is granted as to plaintiffs' unjust enrichment claim. It is further ordered that plaintiffs' oral motion for judgment as a matter of law on defendants' defense of release is denied. Signed by District Judge J. Thomas Marten on 12/21/2017. (aa)
March 21, 2018
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MEMORANDUM AND ORDER denying 181 Motion for New Trial. Although plaintiffs did not receive all the discovery pursuant to their request and subpoena, plaintiffs were not prejudiced to the extent that a new trial is necessary to prevent injustice. Plaintiffs were not prejudiced by the court's instructions and charge to the jury or by Vines's questioning. Furthermore, the court's orders granting summary judgment and judgment as a matter of law in favor of defendants on some of plaintiffs' claims were proper and not against the weight of evidence. Therefore, plaintiffs are not entitled to a new trial. Signed by District Judge J. Thomas Marten on 03/21/2018. (aa)