Derek T. Gilliland

“Given the potential impact of this Court's construction on the § 101 analysis, the undersigned recommends denying Defendant's Motion to Dismiss without prejudice to refiling after claim construction. ... Defendant's Motion to Dismiss (ECF No. 42) should be DENIED without prejudice to refiling after claim construction.”

“The R&R recommends that the motion to dismiss under 35 U.S.C. § 101 be denied without prejudice to Defendant reasserting patent ineligibility at summary judgment. Having reviewed the R&R, the objections, and the relevant portions of the record, the Court OVERRULES the objections, ADOPTS the R&R, and DENIES the motion.”

“While the delay in prosecuting this case is regrettable, it does not rise to the level requiring dismissal. ... Given the development of the case, dismissal for lack of prosecution would not be proper. ... the Defendants' Motion to Dismiss (ECF No. 27) be DENIED.”

“the undersigned recommends that Defendant's Motion be DENIED as untimely. If the Court were to address the underlying merits of Defendant's Motion, the undersigned still recommends that Defendant's Motion be DENIED as failing to rise to the level of sanctionable conduct.”

“The undersigned RECOMMENDS that Judge Albright DENY the Attorney's Fee Motion (ECF No. 8). ... Central has not met its evidentiary burden to show that Hippodrome failed to give presuit notice as required by Section 542A.003 of the Texas Insurance Code.”

“The report recommends that Defendants' Motion to Dismiss Plaintiff's First Amended Complaint (ECF No. 8) should be DENIED. ... IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Gilliland (ECF No. 15) is ADOPTED. IT IS FURTHER ORDERED that Defendant's Motion to Dismiss Plaintiff's First Amended Complaint (ECF No. 8) is DENIED.”

“For the following reasons, the Court RECOMMENDS Defendant's Motion be GRANTED. ... IT IS THEREFORE ORDERED that the above-entitled cause and all claims against Trend by Company and against Company by Trend herein are dismissed, with prejudice to the re-filing of same.”

“For the following reasons, the Court RECOMMENDS that the Case be DISMISSED with PREJUDICE. ... It is therefore ORDERED that all claims and counterclaims in the above-styled case are dismissed, with prejudice to the rights of any party to refile the same or any part thereof.”

“After careful consideration of the briefs, arguments of counsel, and the applicable law, the Court RECOMMENDS that Defendant's Motion be DENIED to the extent dismissal is requested but that the case be TRANSFERRED to the District of Colorado. ... it is the RECOMMENDATION of the United States Magistrate Judge ... that Defendant's Motion to Dismiss be DENIED to the extent Defendant requests dismissal. The undersigned further recommends that Defendant's request in the alternative to transfer the case to the District of Colorado be GRANTED and the case be transferred.”

“The report recommends that the Trustee's Motion to Dismiss with Prejudice (ECF No. 34) be GRANTED. ... IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Gilliland (ECF No. 39) is ADOPTED. IT IS FURTHER ORDERED that the Trustee's Motion to Dismiss with Prejudice (ECF No. 34) is GRANTED.”

“Plaintiff clarified and confirmed that he was not alleging discrimination on the basis of sex, religion, disability, or age, and did not object to removing those allegations from the Case. As such, this Court recommends that those allegations be dismissed from this Complaint. Plaintiff's allegation of racial discrimination, however, will remain and go forward. ... the undersigned RECOMMENDS that Defendant's Motion to Dismiss be GRANTED.”

“Plaintiffs failed to file a response as required. Therefore, the Court will treat Defendant's Motion to Dismiss as unopposed, and recommends that the Motion to Dismiss be granted. ... it is the RECOMMENDATION of the United States Magistrate Judge to the United States District Judge that Defendant's Motion to Dismiss for Improper Venue (ECF No. 11) be GRANTED.”