Experian Information Solutions, Inc. v. Lexington Allen L.P. et al

Filing 173

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 129 Report and Recommendations, 105 Motion for Partial Summary Judgment, filed by Lexington Allen Manager LLC, Lexington Allen L.P.. The claims for fraudulent inducement, promissory estoppel, and quantummeruit are dismissed. The claims for fraudulent omission/fraud in the performance, and Section91.004 of the Texas Property Code remain. Signed by Judge Michael H. Schneider on 4/28/11. (cm, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION

EXPERIAN INFORMATION
SOLUTIONS, INC.
v.

LEXINGTON ALLEN L.P.,
LEXINGTON ALLEN MANAGER LLC,
and LEXINGTON REALTY TRUST

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Case No. 4:10-CV-144
Judge Schneider/Judge Mazzant

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636. On April 7, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that the Amended Motion of Defendants Lexington Allen L.P.
and Lexington Allen Manager LLC for Partial Summary Judgment (Dkt. #105) should be granted
in part and denied in part.
The Court, having made a de novo review of the objections raised by Defendants, as well as
the contingent objections of Plaintiff, is of the opinion that the findings and conclusions of the
Magistrate Judge are correct, and the objections are without merit. Therefore, the Court hereby
adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of this
Court.

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.

It is, therefore, ORDERED that the Amended Motion of Defendants Lexington Allen L.P.

and Lexington Allen Manager LLC for Partial Summary Judgment (Dkt. #105) is GRANTED in
part and DENIED in part. The claims for fraudulent inducement, promissory estoppel, and quantum
meruit are dismissed. The claims for fraudulent omission/fraud in the performance, and Section
91.004 of the Texas Property Code remain.
It is SO ORDERED.

SIGNED this 28th day of April, 2011.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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