Totran Transportation Services, Ltd v. Fitzley, Inc
Plaintiff: Totran Transportation Services, Ltd
Defendant: Fitzley, Inc
Case Number: 5:2008cv00125
Filed: September 19, 2008
Court: US District Court for the Southern District of Texas
Office: Contract: Other Office
County: Webb
Presiding Judge: George P. Kazen
Presiding Judge: Diana Saldana
Nature of Suit: Plaintiff
Cause of Action: Diversity
Jury Demanded By: 28:1332 Diversity-Breach of Contract

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
July 14, 2010 Opinion or Order Filing 36 MEMORANDUM. (Signed by Judge George P. Kazen) Parties notified. (dmorales) Modified text on 7/14/2010 (dmorales).
June 1, 2010 Opinion or Order Filing 34 ORDER granting in part and denying in part 33 Motion for Summary Judgment. Totran is ORDERED to file an advisory, by June 18, 2010, stating whether it seeks damages beyond $200,000.00. If it does not, then the Court will enter judgment in fa vor of Totran. With respect to attorney's fees, Totran's motion for summary judgment is DENIED without prejudice to Totran filing a post-judgment motion according to Rule 54 and Local Rule 54.2. The materials Totran has already submitted regarding its fees may be incorporated by reference in a post-judgment motion. (Signed by Judge George P. Kazen) Parties notified. (dmorales)
February 8, 2010 Opinion or Order Filing 32 ORDER granting in part and denying in part Totran's 22 Motion for Summary Judgment. The Court GRANTS Totran's motion for summary judgment with respect to Fitzley's breach of the shipping contract and resulting liability for Totran� 39;s losses caused by the damage to the equipment. The Court DENIES Totran's motion for summary judgment with respect to the extent of Totran's losses and the amount of damages and attorney's fees Totran is entitled to recover. The d enial is without prejudice to the filing of a subsequent, better documented, motion. The Court now modifies scheduling order to extend the May 27, 2009 dispositive motions deadline to allow Totran to file a supplemental motion for summary judgment by February 22, 2010. Otherwise the parties should proceed to submit their final pretrial order. (Signed by Judge George P. Kazen) Parties notified. (dmorales)
September 18, 2009 Opinion or Order Filing 29 MEMORANDUM AND ORDER denying Ragat's 16 Motion to Dismiss based on preemption; granting Ragat's 20 Motion to Dismiss based on forum non conveniens. (Signed by Judge George P. Kazen) Parties notified. (dmorales)
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Plaintiff: Totran Transportation Services, Ltd
Represented By: James L Burt, III
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Defendant: Fitzley, Inc
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