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14-3897 - Nieman v. Valz et al


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14-3897 - Nieman v. Valz et al
July 21, 2015
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: For the foregoing reasons, the undersigned respectfully recommends that the Court GRANT the City of Dallas' Motion to Dismiss State Claims [D.E. 34] and Amended Motion to Dismiss Federal Claims [D.E. 36]. (Ordered by Magistrate Judge Paul D Stickney on 7/21/2015) (tln)
July 22, 2015
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: For the foregoing reasons, the undersigned respectfully recommends that the Court GRANT McKinney's Motion to Dismiss [D.E. 32]. (Ordered by Magistrate Judge Paul D Stickney on 7/22/2015) (tln)
July 22, 2015
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: For the foregoing reasons, the undersigned respectfully recommends that the Court GRANT in part and DENY in part the Concrete Cowboy Defendants' Motion to Dismiss [D.E. 77]. Specifically, the undersigned recommends that the Court grant the motion to dismiss with respect to Plaintiff's Section 109.03 claim and deny the motion to dismiss with respect to Plaintiff's Dram Shop Act and premises liability claims. (Ordered by Magistrate Judge Paul D Stickney on 7/22/2015) (tln)
July 23, 2015
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: For the foregoing reasons, the undersigned respectfully recommends that the Court DENY Plaintiff's Motion to Dismiss Counterclaim [D.E. 70]. (Ordered by Magistrate Judge Paul D Stickney on 7/23/2015) (tln)
July 30, 2015
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AMENDED FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: For the foregoing reasons, the undersigned respectfully recommends that the Court GRANT Defendants' Motion to Dismiss [D.E. 28]. (Ordered by Magistrate Judge Paul D Stickney on 7/30/2015) (tln)
July 30, 2015
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AMENDED FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: For the foregoing reasons, the undersigned respectfully recommends that the Court GRANT Parkland's Motion to Dismiss [D.E. 27]. (Ordered by Magistrate Judge Paul D Stickney on 7/30/2015) (tln)
August 19, 2015
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ORDER ACCEPTING 113 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: IT IS THEREFORE ORDERED that Defendants E Street Investments, LLC d/b/a Concrete Cowboy, Jonathan Valz, and Rico Taylor's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) [D.E. 77] is GRANTED in part and DENIED in part. Specifically, the Motion to Dismiss is GRANTED with respect to Plaintiff's Texas Alcoholic Beverage Code, Section 109.03 claim, and is DENIED with respect to Plaintiff's premises liability and Texas Dram Shop Act claims. (Ordered by Judge Barbara M.G. Lynn on 8/19/2015) (ctf)
August 27, 2015
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ORDER ACCEPTING 117 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. It is ORDERED that Plaintiff's Motion to Dismiss the 70 Pled Counterclaim of City of Dallas Defendants Milam, Helton, and Merrell is DENIED. (Ordered by Judge Barbara M.G. Lynn on 8/27/2015) (ykp)
August 27, 2015
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ORDER ACCEPTING 111 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. It is ORDERED that the City of Dallas' Motion to Dismiss Plaintiff's State Tort Claims [D.E. 34] and Amended Motion to Dismiss Plaintiff's Federal Claims [D.E. 36) are GRANTED. (Ordered by Judge Barbara M.G. Lynn on 8/27/2015) (ykp)
August 27, 2015
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ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court has under consideration the Findings, Conclusions and Recommendation of United States Magistrate Judge Paul D. Stickney (D.E. 112). Objections were filed. The Court has made a de novo review of those portions of the proposed Findings, Conclusions and Recommendation to which objections were made. The objections are overruled. IT IS THEREFORE ORDERED that Defendant John McKinney's Rule 12(b)(6) Motion to Dismiss (D.E. 32) is GRANTED. (Ordered by Judge Barbara M.G. Lynn on 8/27/2015) (bdb)
August 28, 2015
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ORDER ACCEPTING 126 AMENDED FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: IT IS THEREFORE ORDERED that Dallas County Hospital District d/b/a Parkland Health and Hospital System's ("Parkland") Motion to Dismiss Plaintiff's First Amended Complaint at Law Under Federal Rule of Civil Procedure 12(b)(6) [D.E. 27] is GRANTED. (Ordered by Judge Barbara M.G. Lynn on 8/28/2015) (ctf)
September 10, 2015
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. This case has been referred to the United States Magistrate Judge for pretrial management. The undersigned respectfully recommends that the District Court OVERRULE Plaintiff's objections and adopt the Amended Findings, Conclusions and Recommendation [D.E. 125] recommending that the District Court GRANT Defendants' Motion to Dismiss [D.E. 28]. (see order) (Ordered by Magistrate Judge Paul D Stickney on 9/10/2015) (mcrd)
September 24, 2015
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MEMORANDUM OPINION & ORDER: For the foregoing reasons, Plaintiff's motions for relief under Rule 60(b) [D.E. 154, 155, 159] are DENIED. (Ordered by Judge Barbara M.G. Lynn on 9/24/2015) (tln)
October 29, 2015
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ORDER ACCEPTING 125 AMENDED FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court has under consideration the Findings, Conclusions and Recommendation of the United States Magistrate Judge (D.E. 162) recommending that the Court accept the Amended Findings, Conclusions and Recommendation (D.E. 125), this Court had remanded for further consideration in light of the objections filed. The objections are overruled and the Amended Findings, Conclusions, and Recommendation are accepted. IT IS THEREFORE ORDERED that the Motion to Dismiss (D.E. 28) filed by Defendants Ellen O'Connell, M.D., Alexander Eastman, M.D., Gina Cho, M.D., Jeffrey Pruitt, M.D., Nhan Le, M.D., Kyle Molberg, M.D., Suhny Abbara, M.D., and Anthony Whittemore, M.D. is GRANTED. (Ordered by Judge Barbara M.G. Lynn on 10/29/2015) (bdb)
February 8, 2016
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MEMORANDUM OPINION AND ORDER: Before the Court are Plaintiff's Motion for Relief (Docket Entry #171) and Objection (Docket Entry #103). Plaintiff's Motion is DENIED, and his Objection is OVERRULED as moot. (Ordered by Judge Barbara M.G. Lynn on 2/8/2016) (bdb)
February 11, 2016
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. This case has been referred to the United States Magistrate Judge for pretrial management. The undersigned respectfully recommends that the Court GRANT Defendant's [ECF No. 136] Motion to Dismiss for Failure to State a Claim 16 First Amended Complaint. (see order) (Ordered by Magistrate Judge Paul D Stickney on 2/11/2016) (mcrd)
February 16, 2016
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. This case has been referred to the United States Magistrate Judge for pretrial management. Before the Court is 12(b)(1) and 12(b)(6) 137 Motion to Dismiss, filed by Catherine Lewis Neal, Katherine M Mapula, Nancy Schierding, Jason Gregory Smith, Jay Kun Lee, Kristie Louann Brown, Amanda Garcia, Marian Daniel Lee, Luis Roman Tavaras, Nicholas S Clarke. The undersigned respectfully recommends that the Court GRANT Defendants' Motion to Dismiss [ECF No. 137]. (see order) (Ordered by Magistrate Judge Paul D Stickney on 2/16/2016) (mcrd)
March 28, 2016
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Order Accepting 187 Findings and Recommendations on Motion re: 136 Motion to Dismiss filed by Frederick Cerise. (Ordered by Judge Barbara M.G. Lynn on 3/28/2016) (ndt)
March 28, 2016
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Order Accepting Findings and Recommendations 188 Findings and Recommendations on Motion re: 137 Motion to Dismiss, filed by Amanda Garcia, Katherine M. Mapula, Catherine Lewis Neal, Kristie Louann Brown, Luis Roman Taveras, Jason Gregory Smith, Nicholas S. Clarke, Jay Kun Lee, Daniel Lee Marion, and Nancy Schierding. (Ordered by Judge Barbara M.G. Lynn on 3/28/2016) (ndt)
February 6, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Motion re: 232 Motion for Summary Judgment filed by Michael Milam, Jessica L Morre. It is recommended that the 232 Joint MOTION for Summary Judgment be granted. (Ordered by Magistrate Judge Paul D Stickney on 2/6/2017) (epm)
March 31, 2017
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Order Accepting 264 Findings, Conclusions and Recommendation. The Court has under consideration the Findings, Conclusions, and Recommendation of the United States Magistrate Judge Paul D. Stickney. Objections were filed. The Court has made a de novo review of those portions of the proposed Findings, Conclusions, and Recommendation to which objections were made. The objections are overruled on their substantive merit. IT IS THEREFORE ORDERED that Defendants Dwaine Helton, Michael Milam, and Jessica Merrells' Joint Motion for Partial Summary Judgment Based Upon Qualified Immunity [ECF No. 232] is GRANTED. (Ordered by Chief Judge Barbara M.G. Lynn on 3/31/2017) (ndt)
November 3, 2017
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REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. This case has been referred to the United States Magistrate Judge for pretrial management. On January 9, 2015, the plaintiff Jason Nieman filed his Amended Complaint against defendants John Quinn, Christopher Madden, John Gregory Fitz, John Warner, W. Gary Reed, and John Does 1-4, along with a number of other defendants with respect to whom plaintiff's claims against them have since been dismissed. The undersigned respectfully recommends that the District Court dismiss without prejudice Plaintiffs claims against defendants John Quinn, Christopher Madden, John Gregory Fitz, John Warner, W. Gary Reed, and John Does 1-4. (see order) (Ordered by Magistrate Judge Paul D Stickney on 11/3/2017) (mcrd)
November 20, 2017
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REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Motion re: 272 Motion to Alter Judgment. Plaintiff's Motion for Relief [ECF No.272] should be DENIED. (Ordered by Magistrate Judge Paul D Stickney on 11/20/2017) (ykp)
November 20, 2017
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REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Motion re: 271 Motion for Certificate of Appealability. The undersigned respectfully recommends that the District Court DENY Plaintiff's Motion for Certification [ECF No. 271]. (Ordered by Magistrate Judge Paul D Stickney on 11/20/2017) (ykp)
November 21, 2017
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ORDER ACCEPTING 278 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. It is ORDERED that Plaintiff Jason Nieman's claims against Defendants John Quinn, Christopher Madden, John Gregory Fitz, John Warner, W. Gary Reed, and John Does 1-4 are DISMISSED WITHOUT PREJUDICE. (Ordered by Chief Judge Barbara M.G. Lynn on 11/21/2017) (ykp) (Main Document 283 replaced on 11/21/2017) (twd).
November 21, 2017
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ORDER ACCEPTING 279 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. It is ORDERED that Plaintiff's 272 Motion for Relief Under Federal Rule of Civil Procedure 59(e) is DENIED. (Ordered by Chief Judge Barbara M.G. Lynn on 11/21/2017) (ykp)
November 21, 2017
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ORDER ACCEPTING 280 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. It is ORDERED that Plaintiff's 271 Motion for Certification of Final and Appealable Order and/or for Permission for Immediate Appeal Pursuant to Federal Rule of Civil Procedure 54(b) is DENIED. (Ordered by Chief Judge Barbara M.G. Lynn on 11/21/2017) (ykp)
February 20, 2018
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Findings and Recommendations on Motion re: 293 MOTION to Alter Judgment Under Rule 60(b) filed by Jason Nieman Should be Denied. (Ordered by Magistrate Judge Rebecca Rutherford on 2/20/2018) (svc)
March 5, 2018
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ORDER ACCEPTING 297 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Plaintiff's Motion for Relief Under Federal Rule of Civil Procedure 60(b) [ECF No. 293] is DENIED. (Ordered by Chief Judge Barbara M.G. Lynn on 3/5/2018) (axm)
May 11, 2018
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should DENY Movants' Motion for Fees [ECF No. 289]. (Ordered by Magistrate Judge Rebecca Rutherford on 5/11/2018) (sss)
June 4, 2018
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ORDER accepting 300 Findings, Conclusions, and Recommendation; denying 289 Motion for Attorney Fees. (Ordered by Chief Judge Barbara M.G. Lynn on 6/4/2018) (ran)