System One Holdings LLC v. Campbell et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 25 Report and Recommendations. Granted in Part and Denied in Part 18 MOTION to Dismiss Second Amended Petition. ORDERED that Plaintiff System One Holdings LLCs claim against Energy Challenges LLC for quantum meruit is DISMISSED for failure to state a claim upon which relief can be granted; and ORDERED that Energy Challenges LLCs motion to Dismiss Plaintiffs claims of unjust enrichment and conspiracy to commit fraud is DENIED.(Signed by Judge Fernando Rodriguez, Jr) Parties notified.(scastillo, 1)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
SYSTEM ONE HOLDINGS LLC,
VS.

Plaintiff,

ERNEST CAMPBELL, et al.,
Defendants.

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September 07, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. 1:18-CV-00054

ORDER
On August 21, 2018, the United States Magistrate Judge filed a Report and
Recommendation (Doc. 25). Plaintiff has timely objected to the Report and Recommendation
(Doc. 27).
Having considered de novo the Magistrate Judge’s Report and Recommendation and the
issues raised by Plaintiff’s Objections, the Court ADOPTS the Report and Recommendation.
The Court construes the Report and Recommendation, when addressing the enforceability of
System One Holdings LLC's contract with Radiant Renewables LLC, as stating merely that
Plaintiff's fraudulent-inducement allegations, if true, could disregard the contract for the unjust
enrichment and quantum meruit causes of action. Therefore, Defendant’s Motion to Dismiss
(Doc. 18) is GRANTED in part and DENIED in part. Accordingly, it is:
ORDERED that Plaintiff System One Holdings LLC’s claim against Energy Challenges
LLC for quantum meruit is DISMISSED for failure to state a claim upon which relief can be
granted; and
ORDERED that Energy Challenges LLC’s Motion to Dismiss Plaintiff’s claims of unjust
enrichment and conspiracy to commit fraud is DENIED.
SIGNED this 7th day of September, 2018.
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Fernando Rodriguez, Jr.
United States District Judge

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