51 results for 'judge:"Mazzant"'.
J. Mazzant grants partial summary judgment to the couple on their Fair Debt Collection Practices Act and unreasonable collection efforts claims against a debt collector that harassed them over money allegedly owed to a remodeling contractor. The couple gave sufficient evidence to establish the collector's liability as to the claims, though the issue of damages will be determined at trial or a subsequent hearing.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: April 8, 2024, Case #: 4:22cv143, NOS: Other Contract - Contract, Categories: Civil Procedure, Debt Collection
J. Mazzant affirms the judgment of the bankruptcy court in favor of co-trustees seeking to recover on a $3.2 million debt owed for violations of securities laws stemming from allegations the decedent's investments in a company were fraudulently procured. The debt was nondischargeable under the Bankruptcy Code since it resulted from a state court judgment for "violations of securities laws or fraud in connection with the sale or purchase of securities."
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 28, 2024, Case #: 4:23cv109, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Securities
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J. Mazzant denies in part the motions of the school district's superintendent and former transportation director to dismiss the parents' second amended complaint alleging their two children were sexually abused by a bus driver who was later arrested and died following his attempted suicide in jail. The parents alleged sufficient facts to defeat the school officials' qualified immunity as to the Section 1983 bodily integrity claims, and their request for punitive damages stands based on the officials' alleged failure to intervene despite the "onboard bus surveillance videos and anomalous GPS data" indicating the abuse.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 27, 2024, Case #: 4:22cv814, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Tort
J. Mazzant denies the motion for class certification in a case brought by individuals claiming they were unlawfully stopped, arrested or detained by a county employee who did not have an active peace officer license. The individuals have not shown the proposed class meets the numerosity requirement for certification, but they may refile the motion after additional discovery.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 27, 2024, Case #: 4:22cv250, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Discovery, Class Action
J. Mazzant denies without prejudice the second renewed motion for notice to potential plaintiffs in a suit brought on behalf of Jason's Deli delivery drivers who allege the improper vehicle expense reimbursement rates cause their wages to fall below the federal minimum wage. The lead plaintiff has not met the "similarly situated" threshold as to the potential opt-in plaintiffs, but he will have one more opportunity to do so.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 25, 2024, Case #: 4:20cv385, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, Class Action, Labor
J. Mazzant denies the gun owner's motion to reconsider and modify a judgment in a challenge to an ATF final rule that establishes criteria used to determine whether stabilizing braces convert pistols into short-barreled rifles that are fired from the shoulder. The gun owner is not entitled to a preliminary injunction since he has not shown a substantial likelihood he will succeed on his claims, including that the rule violates the Second Amendment. Also, he is not likely to suffer irreparable harm because the rule is currently stayed nationwide.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 1, 2024, Case #: 4:23cv80, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Constitution, Firearms
J. Mazzant grants summary judgment to the apartment complex owner and dismisses most of a former tenant's claims that stem from his arrest by federal agents for threatening messages he posted on social media while in Washington, D.C. on January 6, 2021. The former tenant's claim for wrongful eviction fails since the evidence indicates he "voluntarily vacated his apartment" when the apartment owner posted a notice to vacate. Also, the invasion of privacy claim fails since it was federal law enforcement who executed the search warrants and arrested the tenant at his apartment, and the apartment owner's disclosure of the tenant's rental application to the federal agents was not an "act of intrusion."
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: January 3, 2024, Case #: 4:22cv787, NOS: Rent Lease & Ejectment - Real Property, Categories: Landlord Tenant, Tort, Emotional Distress
J. Mazzant grants-in-part the requestor's motion for clarification of a prior memorandum opinion and order in a Freedom of Information Act case involving information relating to Seth Rich. The federal government is ordered to produce a Vaughn index addressing the responsive information regarding Rich's work laptop, DVD, tape drive and a compact disk having images of Rich's personal laptop.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: November 28, 2023, Case #: 4:20cv447, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Public Record, Agency
J. Mazzant partly grants the motion to dismiss for improper service as to the People's Republic of China defendants in a patent infringement suit, because the PRC is a signatory to the Hague Convention and does not permit service by mail. Though, the plaintiff company may execute alternative service on the PRC parties.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: November 9, 2023, Case #: 4:23cv420, NOS: Patent - Property Rights, Categories: Civil Procedure, International Law, Patent
J. Mazzant denies partial summary judgment to the professor in his suit stemming from the nonrenewal of his contract that he alleges was done in retaliation "for speaking as a private citizen on matters of public concern." The professor co-wrote an article in which he called for removal of Confederate monuments in the city of Dallas and also posted on social media about the college's Covid-19 policies. The professor did not show the college's Code of Professional Ethics and Employee Expression Policy were unconstitutionally vague.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: November 4, 2023, Case #: 4:22cv184, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Covid-19
J. Mazzant finds that the district court improperly found that the city did not have sovereign immunity as to this wrongful death suit arising from the shooting death of a woman by a defendant who had been released while his charges for two other shootings were pending. The chief of police did not owe a duty to protect the victim or her family from the drive-by shooting, and so the negligence claims cannot be sustained. By proxy, the Mississippi Tort Claims Act claims against the city cannot be sustained, and the city is therefore entitled to sovereign immunity. Reversed.
Court: 5th Circuit, Judge: Mazzant , Filed On: September 13, 2023, Case #: 22-60231, Categories: Tort, Immunity, Negligence