Peery v. Nixon Engineering,llc

Western District of Texas, txwd-6:2018-cv-00358

Proposed Order Granting Motion to Dismiss

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IN UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION JAYME PEERY, § CIVIL ACTION NO. 6:18-cv-00358- Individually and on behalf of all others § ADA-JCM similarly situated § § JURY TRIAL DEMANDED Plaintiff, § § COLLECTIVE ACTION v. § PURSUANT TO 29 U.S.C. §216(b) § NIXON ENGINEERING, LLC, § § CLASS ACTION PURSUANT TO Defendant. § FED. R. CIV. P. 23(b) ORDER GRANTING PARTIAL MOTION TO DISMISS On this day, came for consideration Defendant Nixon Engineering, LLC's Partial Motion to Dismiss Plaintiff Jayme Peery's First Amended Collective/Class Action Complaint (the "Motion"). The Court finds that the Motion should be GRANTED and Plaintiff's claims alleging violations of Texas common law against Defendant should be dismissed with prejudice for failure to state a claim. It is therefore ORDERED that Plaintiff's Rule 23 quantum meruit claims under Texas common law are DISMISSED WITH PREJUDICE. Signed this ____ day of ___________________, 2019. __________________________________________ UNITED STATES DISTRICT JUDGE 4837-2184-9735.1