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15-825 - Dale et al v. Equine Sports Medicine & Surgery Race Horse Service, PLLC et al


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15-825 - Dale et al v. Equine Sports Medicine & Surgery Race Horse Service, PLLC et al
April 5, 2016
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. (Ordered by Judge John McBryde on 4/5/2016) (hth) Memorandum Opinion and Order: Came on for consideration the motion of plaintiffs, William 0. Dale ("Dale") and A. James Streelman ("Streelman"), for change of venue pursuant to 28 U.S.C. ยง 1404(a). The court, having considered the motion, the response of defendants, Equine Sports Medicine & Surgery Race Horse Service, PLLC, ("ESMS") and Dr. Boyd Clement ("Clement"), the record, and applicable authorities, finds that the motion 25 should be denied
April 25, 2017
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Memorandum Opinion and Order: For the reasons given in this order, the court tentatively has concluded that all claims and causes of action asserted by plaintiffs, William 0. Dale ("Dale") and A. James Streelman ("Streelman"), should be dismissed pursuant to the authority of Rule 41(b) of the Federal Rules of Civil Procedure. The court ORDERS that by 4:00 p.m. on April 28, 2017, plaintiffs file a document in this action informing the court whether they wish to have a hearing relative to any of the facts stated or conclusions expressed in this memorandum opinion and order. If plaintiffs fail to inform the court by such time and date that they wish to have such a hearing, the court will make a ruling based on the information it now has. The court further ORDERS that if plaintiffs timely inform the court that they wish to have such a hearing, the hearing is to be held at 10:00 a.m. on May 8, 2017, at which time and date the parties, counsel for the parties, and all witnesses who are to testify at the hearing are to be present in the Fourth Floor Courtroom of the United States Courthouse, Fort Worth, Texas. (See Order for further specifics.) (Ordered by Judge John McBryde on 4/25/2017) (hth)