Eastern District of Texas Federal Court Practice

Claim that Defendants denied Plaintiff his “birthright royalty funds” rejected

O'Quinn v. Exxon Mobil Corp., 2006 WL 2795333(E.D.Tex. Sep 27, 2006) (NO. CIV A 606CV307)
Judge: Michael Schneider / Judith Guthrie
Holding: Complaint DISMISSED WITH PREJUDICE
COMMENTS;
Plaintiff, proceeding pro se, alleges that Exxon violated his constitutional rights by failing to pay royalties to him.  The complaint also alleges that Governor Rick Perry, Texas Comptroller Carol Strayhorn, Smith County Judge Becky Dempsey, Smith County Court Clerk Judy Carnes, Henderson County Judge David Holstein, Henderson County Court Clerk Gwen Moffeit, Rusk County Judge Sandra Hodges and Rusk County Court Clerk Joyce Lewis violated his constitutional rights for their participation in depriving him of his “birthright royalty and funds” and seeks $100 billion dollars in relief.  Plaintiff states that he is suing judges, court clerks, the Texas Comptroller and the Governor of Texas because he mailed complaints to their offices and no action was taken.
It was a close call, but Judge Guthrie recommended dismissal with prejudice, and Judge Schneider agreed.

Motion to Dismiss Denied in Gun Barrel City Pickup Hitch Ball Case

Chatterly v. Foree, 2006 WL 2290550(E.D.Tex. Aug 09, 2006) (NO. CIV.A. 6:06CV185)
Judges: Leonard Davis/Judith Guthrie
Division: Tyler
Holding: Motion to Dismiss DENIED
COMMENTS:
More problems for people at traffic stops in the ED.  Plaintiffs were stopped by Gun Barrel City police officers (yes, that's really a town) who claimed that their pickup's hitch ball was obscuring the license plate (no, seriously).  One thing led to another and the pickup was searched and the driver jailed for two hours before being relased with a warning for the aforesaid hitch ball issue.  Plaintiff brought suit complaining that the officers did not have probable cause for the stop, search, arrest and detention.
Magistrate Judge Judith Guthrie recommended that the defendant's Rule 12(b)(6) motion to dismiss asserting qualified immunity should denied, and the plaintiff be given an opportunity to replead.  Judge Davis agreed and denied the motion, noting that there was now a renewed motion to dismiss pending.

Summary judgment granted in discrimination case

Menefee v. Louisiana Pacific Corp., 2006 WL 2022914(E.D.Tex. Jul 17, 2006) (NO. CIVA 9:06CV49)
Judge: Ron Clark, Judith Guthrie
Division: Lufkin
Holding: Defendant's Motion for Summary Judgment GRANTED
COMMENTS:
This is a racial discrimination case filed pro se by the plaintiff against his former employer.  After being transferred from Houston to Lufkin, the case was assigned to Magistrate Judge Guthrie for all pretrial proceedings.  She recommended that the defendant's motion for summary judgment be granted, holding that the Plaintiff had not shown that there is a genuine issue of material fact concerning whether the defendant's legitimate, nondiscriminatory reasons for the termination of his employment were pretextual.  Judge Clark agreed, and granted the motion for summary judgment.