Author: Steven Callahan
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Magistrate Judge Cureton
Magistrate Judge Cureton became one of the Northern District’s magistrate judges in 2010. He graduated from Baylor University in 1990 and Baylor University School of Law in 1993, where he was a member of the Baylor Law Review. Following law school, Judge Cureton clerked for Judge Mahon of the Northern District of Texas (from 1993-1994…
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Judge Fish Remands Tran v. Citibank (For the Second Time)
Judge Fish recently issued an order in Tran v. Citibank, sending the case back to state court for the second time. The plaintiff, Dr. Tran, originally brought suit in state court claiming that Citibank failed to honor his decision to rescind a transaction associated with his medical practice (Dr. Tran purchased electronic equipment for use…
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Meeting and Conferring (Fully)
Local Rule 7.1(a) requires that, “[b]efore filing a motion [with limited exceptions], an attorney for the moving party must confer with an attorney for each party affected by the requested relief to determine whether the motion is opposed.” In Marshall d/b/a Mr. Crappie v. Fulton, Judge Lindsay dealt with a motion to extend discovery and counterclaims,…
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5th Circuit Reinstates SEC’s Complaint Against Mark Cuban
In July 2009, Chief Judge Fitzwater of the Northern District of Texas dismissed the SEC’s insider trading complaint against Dallas resident (and owner of the Dallas Mavericks) Mark Cuban, finding that the SEC had not adequately alleged that Cuban undertook a duty of non-use of certain information required to establish liability under the misappropriation theory…
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“When You Find Yourself In a Hole, Stop Digging”
Those words come from Judge Lindsay’s recent Order in EsNtion Records v. TM Studios, where Judge Lindsay took up the issue of whether to sanction EsNtion’s attorney for failure to notify the Court that her client had declared bankruptcy. The facts are as follows: On August 31, 2010, Judge Lindsay awarded $376,000 in attorney’s fees…
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IonLoop Sues Colantotte International for Declaratory Judgment of Patent Invalidity
On September 17, 2010, IonLoop filed a lawsuit in the Northern District of Texas against Colantotte International. The lawsuit requests a declaratory judgment that U.S. Patent No. 6,913,663 is invalid, unenforceable and not infringed by IonLoop. IonLoop also claims that Colantotte International falsely marked its products with the ‘633 patent. The patent-in-suit relates to a…
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Don’t Mess With D Magazine
That’s the message coming through loud and clear in a trademark lawsuit filed on September 9, 2010 by D Magazine against Defendants Edwin Bedford, Bob Johnson, and Associated Capital Services, Inc. D Magazine claims that Defendants, doing business as “D Moving,” use a logo that is identical or confusingly similar to D Magazine’s logo. D Magazine…
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Magistrate Judge Toliver
Magistrate Judge Toliver is one of the Northern District’s Magistrate Judges. A graduate of Howard University, she received her juris doctor from the University of Texas School of Law in 1984. Following her graduation from law school, she served as an Assistant Regional Attorney for the Texas Department of Human Services, and as an Assistant…
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Northern District Magistrate Judge Profiles
The Northern District has nine Magistrate Judges. Over the next couple of weeks, we’ll be profiling these judges, beginning with Magistrate Judge Toliver. You can also access information about the Northern District judges on the following page.
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Dondi Turns 22
It has been 22 years since the Northern District sat, en banc, to issue its opinion in Dondi Properties Corp. v. Commerce Savs. & Loan Ass’n, 121 F.R.D.284 (N.D. Tex. 1988) (en banc). The case, which has been cited nearly 1,000 times, established standards of conduct for attorneys practicing in the Northern District, and is…