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14-791 - McCain v. Lewis et al


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14-791 - McCain v. Lewis et al
April 10, 2015
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ORDER granting in part 6 Motion to Dismiss for Failure to State a Claim; Plaintiff shall file an amended complaint 14 days of the entry of this Order; 14 Amended Complaint is STRICKEN. Signed by Judge Michael R. Barrett on 4/10/15. (ba1)
April 14, 2015
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OPINION AND ORDER denying 15 MOTION for Attorney Fees by Plaintiff Shawn McCain.. Signed by Judge Michael R. Barrett on 4/14/15. (eh1)
January 7, 2016
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ORDER re 33 Bench Trial held 6/23/15 finding as moot 24 Motion for Summary Judgment; The Court hereby finds AGAINST Plaintiff Shawn McCain and IN FAVOR of Defendants Apex Energy Group, LLC, Michael Foit, and Paul Lewis on all of Plaintiff Shawn McCains claims asserted in the 21 Second Amended Complaint against Defendants Apex Energy Group, LLC, Michael Foit, and Paul Lewis with respect to the Houston market. The preponderance of the evidence does not show that the Foit Group failed to satisfy the 12-Month Notice requirements in the Reorg Agreement for the Houston market, andtherefore, also does not show that the Foit Group violated the non-compete agreement by continuing to sell its product in the Houston market; also finding as moot 24 Motion to Strike and Motion for Summary Judgment. Signed by Judge Michael R. Barrett on 1/7/16. (ba)