Judge Godbey

Posted on October 27, 2010 by Steven Callahan

Judge Godbey was born in Temple, Texas and appointed to the Northern District of Texas in 2002 by President George W. Bush.  Judge Godbey received his B.S.E.E. and B.S., magna cum laude, from Southern Methodist Unversity in 1978, and his J.D., magna cum laude, in 1982 from the Harvard Law School.

After law school, Judge Godbey clerked for the Honorable Irving Goldberg, of the United States Court of Appeals for the Fifth Circuit, from 1982 to 1983.  Following his clerkship, Judge Godbey practiced law with Hughes & Luce, LLP from 1983 to 1994 (first as an associate and then as a partner).  From 1995 to 2002, Judge Godbey served as a Judge on the State of Texas’ 160th District Court.

Judge Godbey’s chambers are in Dallas, Texas.

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Local Rule Change — Rules 56.3, 56.4, 56.5, and 56.6

Posted on October 27, 2010 by Steven Callahan

Unless modified after receipt of public comment, Local Rules 56.3, 56.4, 56.5, and 56.6 will be amended effective as of December 1, 2010.  (The new rules will apply to all proceedings in civil actions thereafter commenced, and, insofar as practicable, all proceedings in civil actions then pending).

The new rules focus primarily on the parties’ summary judgment appendixes.  Among other things, the new rules require that parties cite each relevant page of their own or their opponent’s appendix.  See New L.R. 56.5(c).

A pdf copy of the new rules (which contains a redline showing the changes from the old rules) has been made available by the Northern District of Texas (pdf here).

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Judge Lindsay

Posted on October 26, 2010 by Steven Callahan

Judge Lindsay was born in San Antonio, Texas, and appointed to the Northern District of Texas in 1998 by President Clinton.  Judge Lindsay received his B.A. in 1974 from St. Mary’s University, and his J.D. in 1977 from the University of Texas School of Law. 

From 1977 to 1979, Judge Lindsay served as an attorney for the Texas Aeronautics Commission; from 1979 to 1992, he served as an attorney with the Dallas City Attorney’s Office; and, from 1992 to 1998, he served as the Dallas City Attorney.  During his career representing the City of Dallas, Judge Lindsay handled over 350 cases and 60 trials.

Judge Lindsay’s chambers are in Dallas, Texas.

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Judge Boyle

Posted on October 25, 2010 by Steven Callahan

Judge Boyle was born in Sharon, Pennsylvania and appointed to the Northern District of Texas in 2004 after being nominated by President George W. Bush.  Judge Boyle received a B.S. in 1977 from the University of Texas at Austin and a J.D. from Southern Methodist University School of Law in 1981.

From 1981 to 1985, Judge Boyle served as an Assistant District Attorney for Dallas County, Texas, and, from 1985 to 1987, as Chief Felony Prosecutor for the Major Commercial Fraud Unit, Specialized Crime Division.  From 1987 to 1989, Judge Boyle served as an Assistant United States Attorney for the Northern District of Texas.

Judge Boyle became one of the Northern District of Texas’ Magistrate Judges in 1990.  In 2002, she left the bench to become United States Attorney, Northern District of Texas, where she served until her appointment as one of the Northern District of Texas’ District Court Judges.

Judge Boyle was an experienced trial lawyer prior to becoming a judge, having tried over 150 jury trials.

Judge Boyle’s chambers are in Dallas, Texas.

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Judge Means

Posted on October 24, 2010 by Steven Callahan

Born in Roswell, New Mexico, Judge Means was appointed to the Northern District of Texas in 1991 by President George H.W. Bush.  Judge Means receive a B.A. from Southern Methodist University in 1971, and received his J.D. from Southern Methodist University School of Law in 1974.  From 1975 to 1989, he practiced law with Means & Means in Corsicana, Texas.  From 1989 to 1991, Judge Means served as a Justice on the Texas Court of Appeals, 10th Appellate District. 

Judge Means’ chambers are in Fort Worth, Texas.

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Judge Solis

Posted on October 23, 2010 by Steven Callahan

Judge Solis was born in San Ygnacio, Texas, and appointed to the Northern District of Texas in 1991 by President George H.W. Bush.

Judge Solis received a B.A. from McMurry University in 1973 and his J.D. from the University of Texas School of Law in 1976.  Following law school, Judge Solis served as an Assistant Criminal District Attorney for the State of Texas from 1976 to 1981, worked as an attorney with Moore and Holloway in Abilene from 1981 to 1982, then served as the Criminal District Attorney for Taylor County from 1983 to 1987.  In 1988, Judge Solis served as Special Prosecutor for the West Central Narcotics Task Force in Abilene.  From 1989 to 1991, Judge Solis was a Texas District Court Judge for the 350th Judicial District.

Judge Solis’ chambers are in Dallas.

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Abilene Christian University Files Copyright Action in the Northern District of Texas

Posted on October 23, 2010 by Steven Callahan

On October 18, 2010, Abilene Christian University filed a declaratory judgment copyright action in the Northern District of Texas (pdf copy of the complaint in Abilene Christian University  v. Ewing found here).  Abilene Christian claims that it hired Gerald Ewing, a freelance photographer, to shoot various photographic projects, including sporting events.  According to Abilene Christian, it never entered into a written contract with Ewing, although it pay him over $250,000 for his work over the course of a decade. Ewing conveyed his works to Abilene Christian, and it has been Abilene Christian’s understanding that it was free to use the works how it wished.  But, in July 2010, Ewing complained to Abilene Christian that one of his photographs (of Johnny Knox, an Abilene Christian alumnus and current Chicago Bears professional football player) was being displayed in a local restaurant.  Ewing then began to complain about Abilene Christian’s use of his other photographs.   

On September 16, 2010, Ewing, through his attorney, sent Abilene Christian a cease and desist letter, asserting copyright infringement.  Abilene Christian then filed its declaratory judgment lawsuit, which seeks a declaration that it has not committed copyright infringement and that it has an unrestricted license to use Ewing’s works.

Abilene Christian is represented by Roy Longacre, of Wagstaff, Alvis, Stubbeman, Seamster & Longacre, L.L.P.; and Robert McRae and John Cave, both of Gunn, Lee & Cave, P.C.

The case is pending before Judge Cummings

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Americans With Disabilities Act Lawsuit Filed Against Jones Day in the Northern District of Texas

Posted on October 23, 2010 by Steven Callahan

On October 19, 2010, one of Jones Day’s former employees filed a pro se lawsuit against the firm in the Northern District of Texas (pdf copy of the complaint in George v. Jones Day located here.)  The former employee claims that she suffered an on-the-job injury, and, because of the injury, she is protected under the Americans with Disabilities Act (“ADA”).  According to the plaintiff, when she returned to work, Jones Day refused to make the necessary “alterations.”  Plaintiff claims that she then went on short term disability leave, and was terminated when the leave expired, in violation of the ADA.  Plaintiff seeks compensatory and punitive damages.

The case is pending before Judge Lindsay

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Chief Judge Fitzwater Denies Unopposed Motion Seeking Order Compelling Nonparty to Attend Deposition

Posted on October 23, 2010 by Steven Callahan

Getting an unopposed motion granted is supposed to be like shooting fish in a barrel.  But sometimes things don’t go as planned, as Chief Judge Fitzwater’s recent decision in Nunn v. State Farm, which is pending in the Northern District of Texas, demonstrates (pdf copy of decision here).  State Farm filed an unopposed motion requesting that the Court compel a nonparty to attend her deposition.  But State Farm had not been able to serve the nonparty personally with the subpoena, which is required under Federal Rule of Civil Procedure 45 (we note that some courts allow service by certified mail).  Chief Judge Fitzwater denied the motion without prejudice, because the Court could not hold the nonparty in contempt absent proper service of the subpoena.  

State farm is represented by Christopher Martin and Deborah Rank, both of Martin, Disiere, Jefferson & Wisdom, L.L.P.

The plaintiff is represented by Alfred Ellis, of Sommerman & Quesada, L.L.P.

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Hershey Hit with Declaratory Judgment Trademark Lawsuit in the Northern District of Texas

Posted on October 20, 2010 by Steven Callahan

Dallas’ Perennials, Inc. filed, on October 18, 2010, a declaratory judgment lawsuit against The Hershey Company in the Northern District of Texas (pdf copy of complaint located here).  Perennials’ lawsuit claims that Hershey sent it a cease and desist letter, but that Perennials’ “use of the descriptor Chocolate Kiss for its fabric lines is not an infringement of” Hershey’s “Kiss” and “Kisses” trademark.  The cease and desist letter noted that an option available to Hershey would be to file a federal lawsuit and demanded that Perennials agree to, among other things, cease and desist all use of the mark “Chocolate Kiss.”  In response, Perennials claims that it told Hershey about its long use of the “Chocolate Kiss” descriptor, but that Hershey advised that it was “moving full steam ahead.”

“To remove the uncertainty that has arisen due to” Hershey’s actions, Perennials filed its declaratory judgment lawsuit.  Perennials’ suit seeks a declaration of non-infringement of Hershey’s trademarks.

Perennials is represented by attorneys with Gardere Wynne Sewell, LLP, including Kenneth Glaser, Michael Dubner, and Terrell Miller.

Amy Wright, of Taft Stettinius & Hollister LLP, represents Hershey.

The case is before Judge Lynn.

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