11 Cited authorities

SW Enterprises v. Southtrust Bank of Alabama
315 F.3d 533 (5th Cir. 2003) Cited 1,403 times 1 Legal Analyses
Holding that Federal Rule of Civil Procedure 16(b) governs the amendment of pleadings after a scheduling order deadline has expired and only upon a showing of good cause and with the judge's consent will the more liberal standard of Rule 15 apply to the court's decision to grant or deny leave
Panda Brandywine Corp. v. Potomac Elec. Power
253 F.3d 865 (5th Cir. 2001) Cited 642 times
Holding that a district court need not "credit conclusory allegations, even if uncontroverted"
Norman v. Apache Corp.
19 F.3d 1017 (5th Cir. 1994) Cited 803 times
Holding that while Rules 8 and 9(b) are to be harmonized, "Rule 8 has never been read to eviscerate Rule 9(b)'s requirement that an averment of fraud must be stated with particularity."
Stuart v. Spademan
772 F.2d 1185 (5th Cir. 1985) Cited 1,001 times
Holding that the nonresident defendant did not intend to avail himself of the laws of the forum when he contracted with several Texas residents, sent letters to Texas, shipped products to Texas, included a Texas law provision in the contract, and marketed his product in Texas
Valcho v. Dall. Cty. Hosp. Dist.
658 F. Supp. 2d 802 (N.D. Tex. 2009) Cited 117 times
Finding that plaintiff's deficient expert designations prejudiced the government when it had already moved for summary judgment
Salem Radio Representatives Inc. v. Can Tel Market Support Group
114 F. Supp. 2d 553 (N.D. Tex. 2000) Cited 19 times
No. 3:99-CV-2048-H. September 7, 2000. Tom D. Matthews, Jr., Robert Eden, Matthews Carlton Stein Shiels Pearce Dunn Knott, Dallas, TX, for plaintiff. Jim L. Fiegle, Scott Roberts, Bracewell Patterson, Dallas, TX, for defendants Can Tel Zimmerman. Michael O'Toole, Falkin O'Toole, Dallas, TX, for defendant Garrison. MEMORANDUM OPINION AND ORDER BAREFOOT SANDERS, Senior Judge United States District. Before the Court are Defendant Harry Zimmerman and Temecula Family Trust's Motions to Dismiss, filed
Skidmore Energy, Inc. v. KPMG
Civil Action No. 3:03-CV-2138-B (N.D. Tex. Sep. 3, 2004) Cited 6 times
Holding alter ego theory of liability inapplicable because KPMG was not a corporate entity but a limited liability partnership
Norwood v. Teather
Civil Action No. 3:04-CV-861-K (N.D. Tex. Mar. 28, 2005) Cited 3 times
Finding insufficient contacts with Texas where the defendant entered an oral contract with a Texas-based plaintiff to purchase some of the plaintiff's "Texas-based business," visited the plaintiff in Texas, and maintained a "business relationship" with the plaintiff "for several years"
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Rule 16 - Pretrial Conferences; Scheduling; Management
Fed. R. Civ. P. 16 Cited 34,667 times 53 Legal Analyses
Adopting the sanctions authorized by Rule 37(b)

Papa Berg, Inc. et al v. World Wrestling Entertainment Inc. et al

11 Cited authorities

Holding that Federal Rule of Civil Procedure 16(b) governs the amendment of pleadings after a scheduling order deadline has expired and only upon a showing of good cause and with the judge's consent will the more liberal standard of Rule 15 apply to the court's decision to grant or deny leave

Holding that a district court need not "credit conclusory allegations, even if uncontroverted"

Holding that while Rules 8 and 9(b) are to be harmonized, "Rule 8 has never been read to eviscerate Rule 9(b)'s requirement that an averment of fraud must be stated with particularity."

Holding that the nonresident defendant did not intend to avail himself of the laws of the forum when he contracted with several Texas residents, sent letters to Texas, shipped products to Texas, included a Texas law provision in the contract, and marketed his product in Texas

Finding that plaintiff's deficient expert designations prejudiced the government when it had already moved for summary judgment

Holding alter ego theory of liability inapplicable because KPMG was not a corporate entity but a limited liability partnership

Finding insufficient contacts with Texas where the defendant entered an oral contract with a Texas-based plaintiff to purchase some of the plaintiff's "Texas-based business," visited the plaintiff in Texas, and maintained a "business relationship" with the plaintiff "for several years"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Adopting the sanctions authorized by Rule 37(b)