B Choice Limited v. Epicentre Development Associates, LLC et al

Filing 206

ORDER ADOPTING 201 Memorandum and Recommendations GRANTING 166 MOTION for Partial Summary Judgment , GRANTING IN PART, DENYING IN PART 161 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, GRANTING IN PART, DENYING IN PART 157 MO TION TO DISMISS FOR FAILURE TO STATE A CLAIM, GRANTING IN PART, DENYING IN PART 160 MOTION to Dismiss, DENYING 158 MOTION to Dismiss, GRANTING IN PART, DENYING IN PART 188 AMENDED MOTION to Dismiss, GRANTING IN PART, DENYING IN PART 159 MOTION to Dismiss Third Amended Complaint. (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

United States District Court

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

Southern District of Texas

ENTERED
July 14, 2016
David J. Bradley, Clerk

B. CHOICE LIMITED,
Plaintiff,

§
§
§
§
§
§
§
§

v.
EPICENTRE DEVELOPMENT
ASSOCIATES, LLC., et al.,
Defendants.

CIVIL ACTION H-14-2096

ORDER ADOPTING MEMORANDUM & RECOMMENDATION
Pending before the court is the Magistrate Judge’s Memorandum and Recommendation
(“M&R”) (Dkt. 201) relating to defendants Epicentre Development Associates, LLC (“Epicentre”),
Andrea Frattini, Pierluigi Guiduzzi, PLG Consulting (“PLG”), and F&G Consultancy (“F&G”), Ltd.’s
motions to dismiss (Dkts. 157, 158, 159, 160, 161,188), plaintiff’s motion for partial summary judgment
(Dkt. 166), and plaintiff and Frattini’s motions for sanctions (Dkts. 191, 194).
The M&R advises that any parties wishing to object to the M&R must do so by May 26, 2016.
Dkt. 201 at 55–56. The M&R further states that “failure to file written objections within the time period
mentioned shall bar an aggrieved party from attacking the factual findings and legal conclusions on
appeal.” Id. at 56. The court has received no objections. The court, having reviewed the M&R,
relevant documents within the record, and the applicable law, and having received no objections,
ADOPTS the M&R in its entirety. Pursuant to the M&R, Frattini’s 12(b)(2) motion (Dkt. 158) is
DENIED, Guiduzzi, PLG, F&G, and the Epicentre defendants’s 12(b)(6) motions (Dkts. 157, 159, 160,
161, 188) are GRANTED IN PART AND DENIED IN PART, plaintiff’s motion for partial summary
judgment (Dkt. 166) is GRANTED, and plaintiff and Frattini’s motions for sanctions (Dkts. 191, 194)
are DENIED.
Signed at Houston, Texas on July 14, 2016.
___________________________________
Gray H. Miller
United States District Judge