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13-206 - Downing et al v. Goldman Phipps PLLC et al


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13-206 - Downing et al v. Goldman Phipps PLLC et al
May 13, 2013
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MEMORANDUM AND ORDER re:(65 in 4:13-cv-00206-CDP, 5107 in 4:06-md-01811-CDP) (see order for details) IT IS HEREBY ORDERED that defendants' motion to disqualify [#65] is denied. Signed by District Judge Catherine D. Perry on 05/13/2013. (CBL)
May 13, 2013
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MEMORANDUM AND ORDER. (Case 4:13cv00206 CDP ) (see order for details) IT IS HEREBY ORDERED that defendants' motion to dismiss for lack of personal jurisdiction [#56] is granted, and plaintiffs' claims against defendants in Counts I through IV are dismissed without prejudice. IT IS FURTHER ORDERED that defendants' motions to dismiss the interpleader claim for failure to state a claim [#60; #62; #95] are granted, and plaintiffs' claim against defendants in Count V is dismissed. IT IS FURTHER ORDERED that all other pending motions are denied as moot. Signed by District Judge Catherine D. Perry on 05/13/2013. (CBL)
June 30, 2015
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendants' motion to dismiss for lack of jurisdiction - CAFA [# 142] is denied. IT IS FURTHER ORDERED that defendants' motion to dismiss for lack of jurisdiction CBF Order [# 140] is denied. IT IS FINALLY ORDERED that defendants motion to dismiss Counts V through VIII for lack of subject matter jurisdiction lack of standing [# 144] is denied. Signed by District Judge Catherine D. Perry on June 30, 2015. (MCB)
July 6, 2015
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that defendants' motion to dismiss for failure to state a claim [# 136] is denied. IT IS FURTHER ORDERED that the separate motion of the individual defendants to dismiss for failure to state a claim [# 138] is denied. IT IS FINALLY ORDERED that defendants' motion to strike [# 146] is denied without prejudice. Signed by District Judge Catherine D. Perry on 07/06/2015. (CBL)
July 6, 2015
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the defendants motion to transfer venue pursuant to 28 U.S.C. Section 1404 [# 134] is denied. Signed by District Judge Catherine D. Perry on July 6, 2015. (MCB)
July 14, 2015
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs' motion for class certification [#170] is granted. IT IS FURTHER ORDERED that Class Plaintiffs Gray, Ritter & Graham, P.C., Wolf Haldenstein Adler Freeman & Herz, LLC, and Looper Reed & McGraw, P.C., are appointed as class representatives to represent the following class: All persons and entities that provided or paid for common-benefit services, materials, and/or related expense items (except Defendants), They are also appointed to represent the following subclass: All persons and entities that provided common-benefit services (except Defendants). IT IS FURTHER ORDERED that Patrick J. Stueve, Todd E. Hilton, and Bradley T. Wilders, of Stueve Siegel Hanson LLP, 460 Nichols Rd. Suite 200, Kansas City, MO 64112, are appointed as Class Counsel. Signed by District Judge Catherine D. Perry on 7/14/15. (EAB)
December 21, 2016
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MEMORANDUM, ORDER and INJUNCTION (See Full Order). IT IS HEREBY ORDERED that plaintiffs' Motion for Order Enjoining Defendants from Proceeding in State- Court Lawsuit 319 is GRANTED. IT IS FURTHER ORDERED that Goldman Phipps PLLC, Michael C. Watts PC, and Murray Law Firm are enjoined from proceeding further before the trial court in the matter styled Goldman Phipps PLLC, et al. v. Gray, Ritter & Graham, P.C., et al., Cause No. 2012CCV-621223, pending in the County Court at Law of Nueces County, Texas, until a final judgment issues in this federal class-action case. IT IS FURTHER ORDERED that Goldman Phipps PLLC, Michael C. Watts PC, and Murray Law Firm must immediately notify the County Court at Law of Nueces County, Texas, of this injunction. Signed by District Judge Catherine D. Perry on 12/21/16. (EAB)
March 20, 2017
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MEMORANDUM AND ORDER REGARDING EXPERT WITNESSES (See Full Order) IT IS HEREBY ORDERED that the motion of defendants Goldman Phipps PLLC, et al. to exclude testimony of Richard Ralston 382 is granted as to the 11% opinion, but is otherwise denied, as set out more fully above. IT IS FURTHER ORDERED that plaintiffs motion to strike expert testimony of G. Patrick Murphy 381 is granted. IT IS FURTHER ORDERED that plaintiffs motion to strike expert testimony of Michael Brychel 387 is denied, without prejudice to be re-raised through objections at trial as appropriate. Signed by District Judge Catherine D. Perry on 3/20/17. (EAB)
March 20, 2017
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MEMORANDUM AND ORDER ON SUMMARY JUDGMENT AND OTHER MOTIONS (See Full Order for Complete Details). Signed by District Judge Catherine D. Perry on 3/20/17. (EAB) (Note - Motions Ruled as follows: 287 -Denied; 299 -Denied; 354 - Denied; 357 - Granted; 360 - Granted; 363 - Granted; 366 - Denied; 369 - Denied; 371 - Denied; 374 - Denied; 375 - Granted; 379 - Denied; 384 - Denied; 388 - Denied; 390 - Denied; 391 - Denied.) (CBL).