Case Dismissed Following Plaintiff’s Joinder in First-Filed Action; Recusal Denied

Judge Barker previously stayed this action seeking bad things to happen to a proposed FTC rule in favor of a prior-filed action in Dallas, and having been informed that the plaintiff had intervened in that case, now dismissed the case. This order also rejected a request by a nonparty that he recuse himself – a request none of the parties joined in – and explained why recusal was not required under the Code of Conduct for United States Judges and 28 U.S.C. § 455.

Dismissal Before or After Deposition?

Judge Albright granted the plaintiff’s motion to dismiss their claims against a group of defendants. The court declined to enforce a purported agreement that the remaining defendants could depose one of the defendants to be dismissed before dismissal, finding that there was no plain legal prejudice arising from the dismissal. “The Objecting Defendants, with a little extra time and expense, can use a subpoena to obtain the desired deposition,” the Court noted.

Speaking of Beaumont, Motion to Dismiss for Lack of Personal Jurisdiction & Venue Granted (Sort Of)

Judge Truncale concluded that he did not have general or specific personal jurisdiction (or personal jurisdiction through consent in the relevant agreements), but because there was a valid forum selection clause for the “state” courts of Jefferson County in them, he remanded the case to Texas state court.