Magistrate Judge Roach

Posted on October 9, 2010 by Steven Callahan

Magistrate Judge Roach is a part-time Magistrate Judge in the Northern District of Texas, a position he has held since 1980.  Judge Roach attended college at Stanford and the University of Oklahoma (B.A., 1965), and law school at the University of Texas (J.D. 1968). 

Following law school, Judge Roach clerked for Judge Halbert O. Woodward, of the Northern District of Texas, from 1968 to 1969.  After his clerkship, Judge Roach was an associate, from 1969 to 1971, with the Fort Worth law firm of Law, Snakard, Brown & Gambill.  In 1971, he was hired as corporate general counsel for United Services Management, Inc. in Wichita Falls.  Following his service as general counsel, in 1975 Judge Roach became an associate and later a partner with Gibson, Hotchkiss, Roach & Davenport.

Judge Roach’s chambers are in Wichita Falls.

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Magistrate Judge Kaplan (Retired)

Posted on October 9, 2010 by Steven Callahan

Magistrate Judge Kaplan was born in Morristown, New Jersey.  He is a 1978 graduate of Vanderbilt University (B.A., political science), and a 1981 graduate of Southern Methodist University School of Law (J.D.).

Following law school, Judge Kaplan clerked for the Texas Court of Appeals, Fifth District of Texas.  Judge Kaplan then entered private practice where, from 1982 to 1991, he specialized in civil trials and appeals.  From 1991 to 1992, he served as a Justice on the Texas Court of Appeals, Fifth District, and, from 1993 to 1994, he was a partner with the law firm of Johnston & Budner, P.C.

From 1983 to 1987, Judge Kaplan was also an Instructor at Southern Methodist University School of Law.

Judge Kaplan was appointed to be one of the Northern District of Texas’ Magistrate Judges in 1994.  His chambers were in Dallas. Judge Kaplan retired in 2012.

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Magistrate Judge Averitte

Posted on October 9, 2010 by Steven Callahan

Magistrate Judge Averitte’s service as one of the Northern District of Texas’ Magistrate Judges began in 1987.  Born in Fort Worth, Texas, Judge Averitte is a 1971 graduate of the University of Texas (B.S.).  He received his Juris Doctor from Southern Methodist University School of Law in 1974.  

After law school, Judge Averitte served as an Assistant Attorney General for the State of Texas from 1974 to 1977.  From 1977 to 1978, he was an attorney with the Dallas law firm of Hiersche, Martens & Averitte.  In 1979, Judge Averitte became Assistant District Attorney, Chief, Business Crimes Division, Lubbock County Criminal District Attorney’s Office.  He served in that position until 1980, when he became an Assistant United States Attorney, Northern District of Texas, a position he held until becoming a Magistrate Judge. 

Judge Averitte sits in Amarillo.

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Gateway Hook Co. Hit with Patent Infringement Lawsuit in the Northern District of Texas

Posted on October 8, 2010 by Steven Callahan

On October 7, 2010, Allen Mammel filed a patent infringement lawsuit against Gateway Hook Co. in the Northern District of Texas (pdf copy of complaint here).  Mammel claims that Gateway infringes U.S. Patent No. 5,970,650, which relates to a no-thread fishing fly.

Mammel is represented by Gary Smith, of the law firm Graham, Bright & Smith, P.C.

The case is before Judge Fish.

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Yellowbook Removes Multi-Million Dollar Employment Discrimination Suit to Northern District of Texas

Posted on October 8, 2010 by Steven Callahan

On October 1, 2010, Yellowbook removed Howe v. YellowBook (pdf copy of complaint here) from Dallas County state court to the Northern District of Texas.  In the lawsuit, the plaintiff accuses Yellowbook and one of its managers of, among other things, sexual harassment, battery, and intentional infliction of emotional distress.   

The plaintiff claims that she joined Yellowbook in 2009, and moved from Kentucky to Waco, Texas, based upon assurances that she would soon be promoted.  Instead of being promoted, however, the plaintiff claims that she was sexually harassed.  Specifically, the plaintiff claims that the Defendant manager insisted that she accompany him to dinner following a meeting and, afterwards, to drinks at a nearby tavern.  After finishing up at the tavern, plaintiff claims that the manager drove her to her hotel room, and, while she walked her dog, entered her room where he undressed and, when she returned, attempted to force himself on her.  Plaintiff asserts that she immediately reported the manager’s behavior to Yellowbook, but to no avail.  Eventually, according to Plaintiff, Yellowbook constructively terminated her.  Plaintiff seeks at least $2 million in damages, plus attorney’s fees and punitive damages. 

David Bell, of the Law Office of David Bell, P.C., represents the Plaintiff.

Yellowbook is represented by A. John Harper, III of Morgan, Lewis & Bockius, LLP.

The Yellowbook manager is represented by Richard Kobdish.

The case is pending before Judge Lynn.

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Judge Lindsay Chastises EEOC For Bare-Boned Complaint

Posted on October 8, 2010 by Steven Callahan

On September 28, 2010, Judge Lindsay denied Hobson Air Conditioning, Inc.’s motion to dismiss the EEOC’s complaint (pdf copy of order here).  The EEOC’s complaint alleges that Hobson violated federal employment discrimination laws by subjecting one of its female employees to a hostile work environment and constructively discharging her.  Although Judge Lindsay ultimately found that the EEOC’s complaint passed muster under Rule 8(a), he was not happy about the complaint’s lack of factual detail: 

[I]n this case, the court was required to pore over the Complaint and analyze the parties’ written materials.  All of this could have been avoided had Plaintiff taken about twenty minutes to add a few sentences with more factual detail. Such approach conserves scarce judicial resources and saves valuable time for the litigants. The court does not understand a “just-enough-to-get-by” approach in which Plaintiff unnecessarily runs the risk of being ordered to replead or having the action dismissed.  If Plaintiff truly wishes to avoid challenges to its pleadings in the future, it should, at least, plead with the level of specificity in [the Supreme Court’s] Swierkiewicz [decision]. The court would summarily deny a motion to dismiss if the pleadings meet that level of specificity.    

Hobson Air Conditioning is represented by Harry Harris, of The Harris Law Firm, and Richard Lee Griffin, of The Law Office of Richard Lee Griffin.

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Magistrate Judge Koenig

Posted on October 8, 2010 by Steven Callahan

Magistrate Judge Koenig became one of the Northern District of Texas’ Magistrate Judges in 1998.  Born in San Antonio, Texas, Judge Koenig graduated from the University of Texas at Austin (with a B.A.) in 1972, and received her Master’s degree, also from the University of Texas at Austin, in 1975.  She received her Juris Doctor degree from Texas Tech University School of Law in 1982.

After graduating from law school, Judge Koenig clerked for the Honorable Halbert O. Woodward, who was then Chief Judge of the Northern District of Texas.  She previously served as the Assistant General Counsel of the State Bar of Texas (from 1983-1984), and, thereafter, was an Assistant United States Attorney (from 1984-1998).  The Department of Justice has recognized Judge Koenig with special achievement awards, and the Executive Office for United States Attorneys has recognized Judge Koenig with a special commendation award. 

Judge Koenig’s chambers are in Lubbock, Texas.

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RadioShack Sues Yell Adworks For Violating Anticybersquatting Consumer Protection Act

Posted on October 8, 2010 by Steven Callahan

On September 30, 2010, TRS Quality, Inc. (owned by RadioShack) filed suit (pdf copy of the complaint here) against Yell Adworks, Inc. in the Northern District of Texas.  RadioShack accuses Yell Adworks (a division of Yellow Book) of violating the Anticybersquatting Consumer Protection Act.  RadioShack claims that, in early 2010, it discovered that Yell Adworks had registered numerous domain names containing “radioshack” in their names, and thereafter sent Yell Adworks three cease and desist letters, all to no avail.  RadioShack seeks, among other things, statutory damages in the amount of $100,000 for each of the allegedly infringing domain names.

The case is before Judge Lindsay.

RadioShack is represented by David Harper, Jeffrey Becker, and Michelle Jacobs, all of Haynes and Boones, L.L.P.

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ChemCal, Inc. and H2trOnics, Inc. File Patent Infringement Lawsuit Against Delta Water Technologies, Inc. In the Northern District of Texas

Posted on October 8, 2010 by Steven Callahan

On September 30, 2010, ChemCal, Inc. and H2trOnics, Inc. sued Delta Water Technologies, Inc. for patent infringement of U.S. Patent No. 7,509,238 (pdf copy of the complaint here).   The ‘238 patent relates to a computer program for water treatment data management.  ChemCal, Inc. and H2trOnics, Inc. also assert causes of action for trademark infringement, trade dress infringement, trade secret misappropriation, unfair competition, common law misappropriation, and unjust enrichment.    

The case is before Judge Boyle of the Northern District of Texas.

Plaintiffs are represented by Kelly Kubasta, Darin Klemchuk, and Kirby Drake, all of Klemchuk Kubasta LLP.

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Magistrate Judge Stickney

Posted on October 8, 2010 by Steven Callahan

Magistrate Judge Stickney began his judicial career as one of the Northern District of Texas’ magistrate judges in 1998.  Judge Stickney was born in Evanston, Illinois, and graduated from the University of South Dakota in 1978 with a B.S.  Judge Stickney attended law school at the University of South Dakota School of Law, and received his Juris Doctor in 1981.  Thereafter, he practiced law with Breit & Stickney Law Office from 1981-1990 in Sioux Falls, South Dakota.  Judge Stickney moved to Texas in 1990, and served as a First Assistant Federal Public Defendant in the Northern District of Texas from 1990-1998.   

Judge Stickney served our country in the United States Air Force from 1973-1975.   

His chambers are in Dallas, Texas.

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