Pearson v. Colt Oilfield Services, LLC et al

Western District of Texas, txwd-5:2018-cv-01029

ORDER GRANTING {{10}} Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Orlando L. Garcia.

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iN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS FILED SAN ANTONIO DIVISION DEC 1 3 2318 CLERK, U.S. DISTRICT CflURT DOUGLAS PEARSON, JAMES WESTERN DISi BY EXAS ADK1NS, and all others similarly DEPj YCLERK situated Plaintiffs V. CIVIL ACTION NO. SA- 1 8-CV- 1 029-OG COLT OILFIELD SERVICES, LLC,) TOTAL TANK SYSTEMS, LLC, and) ROY E. (EDDIE) AGUILAR)) Defendants) ORDER Pending before the Court is Defendant Total Tank Systems' motion to dismiss for failure to state a claim upon which relief may be granted. Docket no. 10. Plaintiffs filed a response stating they do not contest the motion. Docket no. 15. They have also amended their complaint removing Total Tank Systems as a named defendant. Docket no. 16. Thus, the Court finds that dismissal is appropriate. It is therefore ORDERED that Defendant Total Tank Systems' motion to dismiss (docket no. 10) is GRANTED, and the claims previously asserted against Total Tank Systems, LLC are DISMISSED. Claims against Colt Oilfield Services and Roy Aguilar remain pending. SIGNED and ENTERED this day of December, 2018. ORLANDO L. GARCIA CHIEF U.S. DISTRICT JUDGE