Mission Trading Company, Inc. v. Lewis et al

Filing 155

ORDER ADOPTING 151 Memorandum and Recommendations re: 128 Renewed MOTION to Strike 103 Initial Disclosures, 117 Supplement , 130 MOTION to Strike Plaintiff's Reply (Dkt. 129) to Opposition to Motion to Dismiss First Amended Counterclaim, 149 MOTION to Stay proceedings on Defendants motions for Summary Judgment, 136 MOTION FOR REIMBURSEMENT OF EXPERT FEES PURSUANT TO FRCP 26(b)(4)(E) AND FRCP 76(g)(2)(A), 111 MOTION to Strike 107 Cou nterclaim, Pursuant to FRCP 12(f) and/or Alternatively MOTION to Dismiss Under FRCP 12(b)(6), 138 MOTION to Strike DEFENDANTS AND COUNTERCLAIMANTS AFFIRMATIVE DEFENSES IN THEIR ANSWER TO PLAINTIFFS' FAC, 133 M OTION to Dismiss 107 Counterclaim, PURSUANT TO CHAPTER 27 OF THE CIVIL PRACTICE & REMEDIES CODE, 142 MOTION to Exclude DEFENDANTS REBUTTAL EXPERTS, 143 MOTION for Summary Judgment . All pending dispositive motions are DENIED WITHOUT PREJUDICE. (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MISSION TRADING COMPANY , INC.,
Plaintiff,
v.
DAVID VINCENT LEWIS, et al.,
Defendants.

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March 19, 2018
David J. Bradley, Clerk

CIVIL ACTION H-16-3368

O RDER
Pending before the court is a memorandum and recommendation (“M&R”) filed by
Magistrate Judge Nancy Johnson. Dkt. 151. The Magistrate Judge recommends denying all pending
dispositive motions. Id. No objections were filed. After reviewing the M&R, motions, responses,
and applicable law, the court agrees with the Magistrate Judge that all pending dispositive motions
should be denied without prejudice. The court finds no clear error on the face of the record. Fed.
R. Civ. P. 72(b), Advisory Comm. Note (1983). Accordingly, the M&R is ADOPTED IN FULL and
all pending dispositive motions are DENIED WITHOUT PREJUDICE.
Signed at Houston, Texas on March 19, 2018.

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Gray H. Miller
United States District Judge