Cooper et al v. Gates

Filing 13

ORDER: The court determines that the 12 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. The court grants Defendant's 8 Motion to Dismiss with respect to Plaintiffs' fraudulent induce ment and promissory estoppel claims, and the court dismisses with prejudice these claims; denies the motion with respect to Plaintiffs' breach of contract, unjust enrichment, and money had and received claims; denies Plaintiffs' request for attorney's fees; and dismisses without prejudice Plaintiffs' conversion claim. Plaintiffs' claims for breach of contract, unjust enrichment, and money had and received remain for trial. (Ordered by Judge Sam A Lindsay on 8/11/2017) (sss)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JONATHAN COOPER and HEATHER
COOPER,
Plaintiffs,
v.
TONI GATES,
Defendant.

§
§
§
§
§
§
§
§
§
§

Civil Action No. 3:16-cv-2630-L

ORDER
Before the court is Defendant’s Motion to Dismiss (Doc. 8), filed November 10, 2016. On
March 7, 2017, United States Magistrate Judge Paul D. Stickney entered the Findings,
Conclusions, and Recommendation of the United States Magistrate Judge (“Report”),
recommending that the court grant in part and deny in part Defendant’s Motion to Dismiss; deny
Plaintiffs’ request for attorney’s fees as premature; and dismiss without prejudice Plaintiffs’
withdrawn conversion claim. No objections were filed to the Report.
Having reviewed the motion, record, applicable law, and Report, the court determines that
the findings and conclusions of the magistrate judge are correct, and accepts them as those of the
court. Accordingly, the court grants Defendant’s Motion to Dismiss with respect to Plaintiffs’
fraudulent inducement and promissory estoppel claims, and the court dismisses with prejudice
these claims; denies the motion with respect to Plaintiffs’ breach of contract, unjust enrichment,
and money had and received claims; denies Plaintiffs’ request for attorney’s fees; and dismisses

Order – Page 1

without prejudice Plaintiffs’ conversion claim. Plaintiffs’ claims for breach of contract, unjust
enrichment, and money had and received remain for trial. *
It is so ordered this 11th day of August, 2017.

_________________________________
Sam A. Lindsay
United States District Judge

*

Although the Report refers to unjust enrichment and money had and received as claims, they are more appropriately
characterized as equitable remedies or relief.

Order – Page 2