49 results for 'judge:"Horan"'.
J. Horan finds that a plaintiff home loan company that claims a defendant financial company misappropriated the plaintiff company’s trade secrets does not need to provide further specific information about the trade secrets to supplement several of defendant’s interrogatories. The plaintiff company responded to the questions as asked and is not required to provide information beyond the language of the original interrogatories. Defendant's request for an order compelling plaintiff to provide further information is denied.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: May 7, 2024, Case #: 3:22cv2298, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Discovery
J. Horan finds that a janitorial company did not violate the terms of all the individual contracts that a contracting agency terminated for failure to perform and other violations. The contracting agency’s evidence against the janitorial company indicating contract violations pertaining only to specific contracts cannot be extended as a reason to terminate all of the separate contracts for which the janitorial company brings the claims.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: May 1, 2024, Case #: 3:23cv94, NOS: Other Contract - Contract, Categories: Evidence, Contract
J. Horan finds that a company that repeatedly attempted to deliver a summons regarding an arbitration claim has not met requirements for a substituted service by email. The company attempted to serve the documents at several prior addresses but failed to identify a current address for the intended recipient. The motion to serve by email is denied at this time, but the company’s service deadline is extended.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 26, 2024, Case #: 3:23cv2642, NOS: Arbitration - Other Suits, Categories: Arbitration, Civil Procedure
J. Horan finds that a case in which an insured’s stated recovery is $250,000 or less, which does not conclusively place the damages above the limit for diversity jurisdiction of $75,000, can qualify for diversity jurisdiction if the insurance company that originally requested removal provides evidence that the damages sought by the insured are likely to exceed $75,000. The insurance company is granted leave to amend its notice of removal to further support qualification for diversity jurisdiction.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 25, 2024, Case #: 3:24cv130, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, Jurisdiction
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J. Horan finds that the testimony of an expert witness for the defendant energy services company, who testified as to whether suing energy company took reasonable steps to protect its trade secrets, shall not be removed from the record. The witness’s testimony does not invade the territory of the trier of fact, but rather provides information as to the steps that the sued company could have or did take to protect its trade secrets. Plaintiff’s motion to strike the expert witness’s testimony is denied.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 24, 2024, Case #: 3:22cv1981, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Experts
J. Horan finds that suing energy services firm is not entitled to spoilation of evidence sanctions against the sued energy services company, whose employees destroyed information on their personal cellular phones after the suing firm requested this information for its relevance to the underlying case. The information involved text messages between the two businesses’ employees, and the parties should be able to retrieve the information from its own employees so there is no evidence that the information is no longer accessible.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 12, 2024, Case #: 3:22cv1981, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Evidence, Sanctions
J. Horan finds that a health care management company’s failure to produce court ordered documents in an underlying trademark case brought by a group of hospital emergency rooms is not excusable just because the company says it faced technical difficulties retrieving the documents. The limited number of documents that the company failed to produce are of specific and central importance to the case suggesting an attempt to evade the court’s order to produce. The court grants sanction measures requested by the emergency rooms.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 8, 2024, Case #: 3:23cv891, NOS: Trademark - Property Rights, Categories: Sanctions, Trademark, Attorney Fees
J. Horan grants, in part, a test prep company's motion for discovery in its case against a competitor for allegedly copying its materials and trade dress. The company has shown limited jurisdictional discovery related to the contacts between the competitor and another party is appropriate.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: March 21, 2024, Case #: 3:23cv447, NOS: Copyrights - Property Rights, Categories: Copyright, Trademark, Discovery
J. Horan grants, in part, a former employee's motion to compel in his age discrimination action against Google. Google failed to comply with a previous court order requiring it to submit certain documents and testimony regarding directors within the Google Cloud organization, and must do so now.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: March 8, 2024, Case #: 3:22cv2281, NOS: Labor/Management Relations - Labor, Categories: Communications, Discovery, Employment Discrimination
J. Horan grants grants default judgment to a cook on his claim he was not paid for 20 weeks and worked approximately 78 hours per week. The employer's answer was struck as sanction for failing to appear, and, based on the record, the cook is owed $32,000, which includes his minimum pay, overtime and liquidated damages.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: March 6, 2024, Case #: 3:11cv2968, NOS: Fair Labor Standards Act - Labor, Categories: Damages, Labor
J. Horan denies a roofing company's motion for summary judgment on a property owner's warranty-related claims. The property owner has validly assigned the previous property owner's claims and, thus, has standing to file the action.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: February 16, 2024, Case #: 3:21cv2607, NOS: Other Contract - Contract, Categories: Property, Warranty, Contract
J. Horan grants a transport company's motion to vacate maritime attachments and garnishments in a contract action against filed by a leasing company. The contract at issue is not a maritime contract and, therefore, the district court lacks jurisdiction.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: January 10, 2024, Case #: 3:23cv1143, NOS: Marine - Contract, Categories: Maritime, Jurisdiction, Contract
J. Horan denies a trustee's motion for summary judgment in its foreclosure case against the homeowners due, in part, to inconsistencies in the payment transaction history.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: December 29, 2023, Case #: 3:23cv237, NOS: Foreclosure - Real Property, Categories: Property, Banking / Lending, Contract