Nieman v. The Concrete Cowboy Bar et al

Filing 146

ORDER ACCEPTING 113 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: IT IS THEREFORE ORDERED that Defendants E Street Investments, LLC d/b/a Concrete Cowboy, Jonathan Valz, and Rico Taylor's Motion to Dismiss Pur suant to Federal Rule of Civil Procedure 12(b)(6) [D.E. 77 ] is GRANTED in part and DENIED in part. Specifically, the Motion to Dismiss is GRANTED with respect to Plaintiff's Texas Alcoholic Beverage Code, Section 109.03 claim, and is DENIED with respect to Plaintiff's premises liability and Texas Dram Shop Act claims. (Ordered by Judge Barbara M.G. Lynn on 8/19/2015) (ctf)

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