Pearson v. Colt Oilfield Services, LLC et al

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

RESPONSE to Motion, filed by James Adkins, Paul Duffala, Douglas Pearson, re {{10}} Motion to Dismiss for Failure to State a Claim filed by Defendant Total Tank Systems, LLC

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION DOUGLAS PEARSON, JAMES ADKINS, and on all others similarly situated, Case No. 5:18-CV-1029-OLG Plaintiffs, v. COLT OILFIELD SERVICES, LLC, TOTAL TANK SYSTEMS, LLC and ROY E. (EDDIE) AGUILAR, Defendants. RESPONSE TO MOTION TO DISMISS UNDER 12(b)(6) Plaintiffs do not contest Defendant's Motion to Dismiss (ECF 10) and agree to voluntarily dismiss Defendant Total Tank Systems, LLC from this action, without prejudice, in order to expedite the Court's consideration of Plaintiff's Motion for Notice to Potential Plaintiffs and Conditional Certification filed December 8, 2018. ECF 14. -1- /S/ JACK SIEGEL JACK SIEGEL Texas Bar No. 24070621 Siegel Law Group PLLC 2820 McKinnon, Suite 5009 Dallas, Texas 75201 (214) 790.4454 ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that on December 8, 2018, I electronically filed the foregoing document with the clerk of court for the U.S. District Court, Western District of Texas, using the electronic filing system of the court. The electronic filing system sent a "Notice of Electronic Filing" to the attorneys of record who have consented in writing to accept the Notice of Electronic Filing as service of this document by electronic means. /s/ Jack Siegel Jack Siegel -2-