Khan v. College of the Mainland

Filing 15

OPINION AND ORDER denying 11 Opposed Motion for Leave to File Pltf's First Amended Complaint.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
MANZURAL KHAN
V.
COLLEGE OF THE MAINLAND

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CIVIL ACTION NO. G-13-436

OPINION AND ORDER
On May 2, 2014, Defendant, College of the Mainland (COM), filed its opposition to the
Motion for Leave to File an Amended Complaint of Plaintiff, Manzural Khan. The Court now
issues this Opinion and Order.1
The Court set May 19, 2014, as the due date for the filing of a reply, but to date, no reply
has been filed by Khan. In its opposition, COM argues that Khan’s attempt to add a breach of
contract claim to his suit would be futile because COM has sovereign immunity against such an
action in this federal forum. Nationwide Public Insurance Adjusters, Inc. v. Edcouch-Elsa ISD,
913 F.Supp. 2d 305, 310 (S.D. Tex. 2012) (Section 271.156, Tex. Loc. Gov’t. Code, “does not
waive sovereign immunity to suit in federal court.”)

This Court agrees. Khan’s lack of a reply

may also indicate his concession. Regardless, a breach of contract claim in this case would be
barred.
It is, therefore, ORDERED that Plaintiff, Manzural Khan’s, “Motion for Leave to File
Plaintiff’s First Amended Complaint” (Instrument no. 11) is DENIED.
DONE at Galveston, Texas, this

1

28th

day of May, 2014.

A Motion for Leave to Amend is a non-case dispositive matter. Bryant v. Mississippi
Power & Light Co., 722 F.Supp. 298 (S.D. Miss. 1989)