Dismissals Under FRCP 41
Judge Jordan previously struck the plaintiff’s notice of partial voluntary dismissal under FRCP 41(a) as improper, but denied this request for a broader dismissal.
EDTX IP
Motion to Dismiss for Improper Venue
BMW sought dismissal on improper venue grounds, arguing that local BMW dealerships were not its agents.
Motion to Stay Based On Customer Suit
This is the second denial of a motion to stay in this case in the last two weeks. One might say the court’s position was … set in concrete?
Preliminary Constructions Spread
Some judges provide these because they believe it helps focus claim constructions hearings. Add one more to the list (at least partially).
Marshall Patent Case Scheduling Conferences
More time to trial and Markman data from the square on Marshall, where more construction is underway. Not as crowded as the photo, though, and, sadly, no circuses.
Motions To Compel Granted; $25,000 In Fees
This order resolved six motions to compel by the plaintiff and two motions to compel by the defendant.
Trial Continuance Due to COVID Denied
A witness’ positive status did not result in a brief trial continuance. The facts explain why.
Trial Continuance Due to COVID Granted
A witness’ positive status resulted in a brief trial continuance.
About That Announcement That We Reached A Settlement …
The parties got Judge Gilstrap to take the case off the trial calendar by announcing settled, then said they couldn’t finalize the settlement. A show cause order followed.
Motion for Protective Order Denied
The issue here was whether discovery would be stayed pending resolution of a dispute over service of process.