670 Texans Sleep Uneasy Tonight

Posted on October 11, 2010 by Steven Callahan

A reader alerted us today to the interesting lawsuit of Mick Haig Productions v. Does 1-670, filed in the Northern District of Texas (pdf copy of complaint found here).  Mick Haig is in the adult entertainment business, and filed suit against 670 “John Doe” defendants alleging copyright infringement.  Mick Haig alleges that defendants unlawfully reproduced its copyrighted motion picture “Der Gute Onkel” (“The Good Uncle”) by “means of file transfer technology called BitTorrent.” 

According to Mick Haig, it does not know the names of the 670 Texans, but does know their IP addresses.  It indicated that it will seek discovery as to the “true names” of defendants and amend its complaint accordingly.  In fact, Mick Haig recently filed a motion for leave to take discovery (pdf copy of motion here), which seeks permission to subpoena internet service providers to unearth the names of the 670 defendants. 

In a recent Texas Lawyer article (available here), Mick Haig’s counsel indicated that he brought suit in the Northern District of Texas due to the Fifth Circuit’s holding that a copyright owner need not have a copyright registration in hand prior to filing suit:

You have met the copyright registration requirements just for having applied for copyright,” [Mick Haig’s counsel] says of Texas federal jurisdictional requirements for filing infringement complaints, “where in other jurisdictions, you have to hold the copyright.”

(On a side note, we note that the Supreme Court recently held in Elsevier v. Muchnick that holding a copyright registration is not a jurisdictional requirement to bringing a copyright lawsuit, apparently overruling those circuits that disagreed with the Fifth Circuit.)

Mick Haig’s lawsuit seeks actual damages or statutory damages under the Copyright Act, costs, and attorney’s fees.

But Mick Haig’s counsel states in the Texas Lawyer article that he intends, once he obtains the names of the John Doe defendants, to “send demand letters to the defendants offering to settle out of court for $1,500 to $2,500—with the stipulation that the defendants destroy their copies of the allegedly infringed movie.”  Many defendants may see this as a bargain when compared to finding themselves named in a federal lawsuit for allegedly downloading an adult film. 

The case is before Judge Godbey.

Mick Haig is represented by Evan Stone, of the Law Offices of Evan Stone.

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Judge Furgeson (Retired)

Posted on October 10, 2010 by Steven Callahan

Judge Furgeson (retired) was born in Lubbock, Texas, and appointed to the federal judiciary by President Clinton in 1994.  He is a 1964 graduate of Texas Tech University (B.A.), and a 1967 graduate of the University of Texas School of Law (J.D.).

From 1967 to 1969, Judge Furgeson served our country as a Captain in the United States Army.  He served as a law clerk to Judge Woodward of the Northern District of Texas from 1969 to 1970.  From 1970 to 1994, he practiced with the law firm of Kemp, Smith, Duncan & Hammond.

From 1994 to 2008, Judge Furgeson served as a United States District Court Judge in the Western District of Texas.  In 2008, he assumed senior status, and became one of the judges in the Northern District of Texas.

Judge Furgeson’s chambers were in Dallas, Texas.

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Judge O’Connor

Posted on October 10, 2010 by Steven Callahan

Born in Houston, Texas, Judge O’Connor was appointed to the Northern District of Texas in 2007 by President George W. Bush, after being recommended by Texas Senators Hutchinson and Cornyn.  He graduated from the University of Houston, with a B.S., in 1986, and received his J.D. from South Texas College of Law in 1989, where he graduated summa cum laude (and second in his class) and was a member of the South Texas Law Review.

Following law school, Judge O’Connor was an Associate at Vinson & Elkins, L.L.P. from 1989 to 1994.  From 1994 to 1998, he served as an Assistant District Attorney for the Tarrant County District Attorney’s Office.  Judge O’Connor then became an Assistant United States Attorney for the Northern District of Texas, where he served from 1998 to 2007.

Judge O’Connor also served a four-year “detail” in Washington, D.C.  In 2003, he served as Counsel to the U.S. Senate Judiciary Committee.  He then served, beginning in 2005, as Chief Counsel to the Subcommittee on Immigration, Border Security, and Citizenship.

Judge O’Connor’s chambers are in Dallas.

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Magistrate Judge Roach

Posted on October 9, 2010 by Steven Callahan

Magistrate Judge Roach is a part-time Magistrate Judge in the Northern District of Texas, a position he has held since 1980.  Judge Roach attended college at Stanford and the University of Oklahoma (B.A., 1965), and law school at the University of Texas (J.D. 1968). 

Following law school, Judge Roach clerked for Judge Halbert O. Woodward, of the Northern District of Texas, from 1968 to 1969.  After his clerkship, Judge Roach was an associate, from 1969 to 1971, with the Fort Worth law firm of Law, Snakard, Brown & Gambill.  In 1971, he was hired as corporate general counsel for United Services Management, Inc. in Wichita Falls.  Following his service as general counsel, in 1975 Judge Roach became an associate and later a partner with Gibson, Hotchkiss, Roach & Davenport.

Judge Roach’s chambers are in Wichita Falls.

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Magistrate Judge Kaplan (Retired)

Posted on October 9, 2010 by Steven Callahan

Magistrate Judge Kaplan was born in Morristown, New Jersey.  He is a 1978 graduate of Vanderbilt University (B.A., political science), and a 1981 graduate of Southern Methodist University School of Law (J.D.).

Following law school, Judge Kaplan clerked for the Texas Court of Appeals, Fifth District of Texas.  Judge Kaplan then entered private practice where, from 1982 to 1991, he specialized in civil trials and appeals.  From 1991 to 1992, he served as a Justice on the Texas Court of Appeals, Fifth District, and, from 1993 to 1994, he was a partner with the law firm of Johnston & Budner, P.C.

From 1983 to 1987, Judge Kaplan was also an Instructor at Southern Methodist University School of Law.

Judge Kaplan was appointed to be one of the Northern District of Texas’ Magistrate Judges in 1994.  His chambers were in Dallas. Judge Kaplan retired in 2012.

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Magistrate Judge Averitte

Posted on October 9, 2010 by Steven Callahan

Magistrate Judge Averitte’s service as one of the Northern District of Texas’ Magistrate Judges began in 1987.  Born in Fort Worth, Texas, Judge Averitte is a 1971 graduate of the University of Texas (B.S.).  He received his Juris Doctor from Southern Methodist University School of Law in 1974.  

After law school, Judge Averitte served as an Assistant Attorney General for the State of Texas from 1974 to 1977.  From 1977 to 1978, he was an attorney with the Dallas law firm of Hiersche, Martens & Averitte.  In 1979, Judge Averitte became Assistant District Attorney, Chief, Business Crimes Division, Lubbock County Criminal District Attorney’s Office.  He served in that position until 1980, when he became an Assistant United States Attorney, Northern District of Texas, a position he held until becoming a Magistrate Judge. 

Judge Averitte sits in Amarillo.

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Gateway Hook Co. Hit with Patent Infringement Lawsuit in the Northern District of Texas

Posted on October 8, 2010 by Steven Callahan

On October 7, 2010, Allen Mammel filed a patent infringement lawsuit against Gateway Hook Co. in the Northern District of Texas (pdf copy of complaint here).  Mammel claims that Gateway infringes U.S. Patent No. 5,970,650, which relates to a no-thread fishing fly.

Mammel is represented by Gary Smith, of the law firm Graham, Bright & Smith, P.C.

The case is before Judge Fish.

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Yellowbook Removes Multi-Million Dollar Employment Discrimination Suit to Northern District of Texas

Posted on October 8, 2010 by Steven Callahan

On October 1, 2010, Yellowbook removed Howe v. YellowBook (pdf copy of complaint here) from Dallas County state court to the Northern District of Texas.  In the lawsuit, the plaintiff accuses Yellowbook and one of its managers of, among other things, sexual harassment, battery, and intentional infliction of emotional distress.   

The plaintiff claims that she joined Yellowbook in 2009, and moved from Kentucky to Waco, Texas, based upon assurances that she would soon be promoted.  Instead of being promoted, however, the plaintiff claims that she was sexually harassed.  Specifically, the plaintiff claims that the Defendant manager insisted that she accompany him to dinner following a meeting and, afterwards, to drinks at a nearby tavern.  After finishing up at the tavern, plaintiff claims that the manager drove her to her hotel room, and, while she walked her dog, entered her room where he undressed and, when she returned, attempted to force himself on her.  Plaintiff asserts that she immediately reported the manager’s behavior to Yellowbook, but to no avail.  Eventually, according to Plaintiff, Yellowbook constructively terminated her.  Plaintiff seeks at least $2 million in damages, plus attorney’s fees and punitive damages. 

David Bell, of the Law Office of David Bell, P.C., represents the Plaintiff.

Yellowbook is represented by A. John Harper, III of Morgan, Lewis & Bockius, LLP.

The Yellowbook manager is represented by Richard Kobdish.

The case is pending before Judge Lynn.

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Judge Lindsay Chastises EEOC For Bare-Boned Complaint

Posted on October 8, 2010 by Steven Callahan

On September 28, 2010, Judge Lindsay denied Hobson Air Conditioning, Inc.’s motion to dismiss the EEOC’s complaint (pdf copy of order here).  The EEOC’s complaint alleges that Hobson violated federal employment discrimination laws by subjecting one of its female employees to a hostile work environment and constructively discharging her.  Although Judge Lindsay ultimately found that the EEOC’s complaint passed muster under Rule 8(a), he was not happy about the complaint’s lack of factual detail: 

[I]n this case, the court was required to pore over the Complaint and analyze the parties’ written materials.  All of this could have been avoided had Plaintiff taken about twenty minutes to add a few sentences with more factual detail. Such approach conserves scarce judicial resources and saves valuable time for the litigants. The court does not understand a “just-enough-to-get-by” approach in which Plaintiff unnecessarily runs the risk of being ordered to replead or having the action dismissed.  If Plaintiff truly wishes to avoid challenges to its pleadings in the future, it should, at least, plead with the level of specificity in [the Supreme Court’s] Swierkiewicz [decision]. The court would summarily deny a motion to dismiss if the pleadings meet that level of specificity.    

Hobson Air Conditioning is represented by Harry Harris, of The Harris Law Firm, and Richard Lee Griffin, of The Law Office of Richard Lee Griffin.

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Magistrate Judge Koenig

Posted on October 8, 2010 by Steven Callahan

Magistrate Judge Koenig became one of the Northern District of Texas’ Magistrate Judges in 1998.  Born in San Antonio, Texas, Judge Koenig graduated from the University of Texas at Austin (with a B.A.) in 1972, and received her Master’s degree, also from the University of Texas at Austin, in 1975.  She received her Juris Doctor degree from Texas Tech University School of Law in 1982.

After graduating from law school, Judge Koenig clerked for the Honorable Halbert O. Woodward, who was then Chief Judge of the Northern District of Texas.  She previously served as the Assistant General Counsel of the State Bar of Texas (from 1983-1984), and, thereafter, was an Assistant United States Attorney (from 1984-1998).  The Department of Justice has recognized Judge Koenig with special achievement awards, and the Executive Office for United States Attorneys has recognized Judge Koenig with a special commendation award. 

Judge Koenig’s chambers are in Lubbock, Texas.

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