Brownsville Emergency Physicians Group, LLC et al v. Worthington et al

Filing 130

ORDERED that Plaintiffs obtain legal representation for Plaintiff Brownsville Emergency Physicians Group, LLC within TWENTY (20) DAYS from date of entry of this Order; ORDER GRANTING 48 Motion to Dismiss; DISMISSING WITHOUT PREJUDICE 61 Motion to Dismiss; DISMISSING WITHOUT PREJUDICE 66 Motion to supplement; DISMISSING WITHOUT PREJUDICE 70 Motion to Dismiss for Failure to State a Claim; GRANTING 74 Motion to Dismiss; DISMISSING WITHOUT PREJUDICE 76 Motion for Summary Judgment; DI SMISSING WITHOUT PREJUDICE 83 Motion to Set Aside; DISMISSING WITHOUT PREJUDICE 84 Motion for Preliminary Injunction; DISMISSING WITHOUT PREJUDICE 85 Motion for Sanctions; GRANTING 86 Motion to Dismiss; DISMISSING WITHOUT PREJUDICE 96 Mo tion to Strike ; DISMISSING WITHOUT PREJUDICE 97 Motion to Strike; DISMISSING WITHOUT PREJUDICE 103 Motion to Strike; DISMISSING WITHOUT PREJUDICE 104 Motion for Leave to File; DISMISSING WITHOUT PREJUDICE 117 Motion to Appear and Request to Reset Show Cause Hearing; DISMISSING WITHOUT PREJUDICE 122 Motion to Dismiss. Signed by Judge Sam Sparks. (td)

F LE0
I

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TI41JEB 25 PM
AUSTIN DIVISION

14:

02

BROWNSVILLE EMERGENCY PHYSICIANS
GROUP, LLC et al.,
Plaintiffs,
Case No. A-14-CA-568-SS

-vs-

BRENDAN WORTHINGTON, individually and
d/b/a Atlas IP Holdings, LLC et al.,
Defendants.

BE IT REMEMBERED on this day the Court held a hearing in the above-styled cause, and

the parties appeared in person and through counsel. The Court now enters the following orders
confirming its oral pronouncements:
IT IS ORDERED that Plaintiffs obtain legal representation for Plaintiff Brownsville

Emergency Physicians Group, LLC within TWENTY (20) DAYS from date of entry of this
Order;
IT IS FURTHER ORDERED that the Motion of Defendants Ralph Crowell and

Glines & Rhodes, Inc. to Dismiss Plaintiffs' Third Amended Original Complaint [#48] is
GRANTED, and Plaintiffs' claims against Defendants Ralph Crowell and Glines & Rhodes,
Inc. are DISMISSED WITHOUT PREJUDICE;'

Although the complaint referenced in this motion is not the current live pleading in this action, the Court grants
motion to dismiss based in part on the representations of Plaintiffs Stephen Miller and Harry Stokes at hearing, who
the
assured the Court they wished to proceed against only the following Defendants: Brendan J. Worthington, individually
and doing business as Atlas IP Holdings, LLC; Michelle Worthington, individually and doing business as Atlas IP

/

IT IS FURTHER ORDERED that the First Amended Motion of Defendants John L.

Elias, Individually, and John L. Elias & Associates to Dismiss Plaintiffs' Fifth Amended

Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(2) and 12(b)(6) [#86] is
GRANTED, and Plaintiffs' claims against Defendants John L. Elias, individually and doing

business as John L. Elias & Associates,2 and John L. Elias & Associates are DISMISSED
WITHOUT PREJUDICE;3
IT IS FURTHER ORDERED that Defendant Karmy Kays' Motion to Dismiss [#74]

is GRANTED, and Plaintiffs' claims against Defendant Karmy Kays, individually and doing

business as JPMorgan Chase, N.A., are DISMISSED WITHOUT PREJUDICE;4
IT IS FURTHER ORDERED that Plaintiffs' claims against the following defendants

are DISMISSED WITHOUT PREJUDICE: Defendant Brian Light, individually and doing

business as Precious Metals and Gems, LLC; Defendant JCG Global Partners, LLC;
Defendant Precious Metals and Gems, LLC; Defendant Giorgio C. Costonis, individually and
doing business as JCG Global Partners, LLC; Defendant Calogero R. Enea, individually and

doing business as JCG Global Partners, LLC, Defendant JPMorgan Chase Bank, N.A.;
Defendant Nathan Hoerschelmann, individually and doing business as Atlas IP Holdings,

Holdings, LLC; Atlas IP Holdings, LLC; Dalton Menzies, individually and doing business as Hamilton Commodities
Group; Tonya Menzies, individually and doing business as Hamilton Commodities Group; Hamilton Commodities
Group; Joseph Blankenship, individually and doing business as BFBHB Import & Export LLC; and BFBHB Import and
Export LLC.
2

Due to the incompetence of Plaintiffs' former counsel, a number of defendants in this action are incorrectly
designated as "doing business as" another business organization, and sued in that capacity as well as individually. The
Court refers to defendants as they are presently named on the docket sheet to avoid further complicating matters.
See supra
'

note

1.

See supra note 1.

LLC; Defendant Christine Cuoco, doing business as Glines & Rhodes; Defendant Helen

Blankenship, individually and doing business as BFBHB Import and Export, LLC; Defendant
Brenda Blankenship, individually and doing business as BFBHB Import and Export, LLC;

Defendant KVH Capital Investment Partners, LLC; and Defendant Kevin Vickers,
individually and doing business as KVH Capital Investment Partners, LLC; and
IT IS FINALLY ORDERED that all other pending motions in this action are

DISMISSED WITHOUT PREJUDICE.
SIGNED this the cQ

day of February 2015.

UNITED STATES DISTRICT JUDGE

3