On Site Container & Compactor Repair, Inc. v. BFI Waste Services of Texas LP

Filing 24

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 9 MOTION to Dismiss , 23 Memorandum and Recommendations.BFI Waste Services of Texas, L.P.s Motion to Dismiss (Dkt. 9) is GRANTED in part and DENIED in part. Specifically, On Site Container & Compactor Repair, Inc.s fraud cause of action is DISMISSED, but its quantum meruit claim remains(Signed by Judge George C Hanks, Jr) Parties notified.(jegonzalez, 4)

Case 4:20-cv-03394 Document 24 Filed on 09/07/21 in TXSD Page 1 of 2
United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ON SITE CONTAINER &
COMPACTOR REPAIR, INC.,
Plaintiff.
VS.
BFI WASTE SERVICES OF TEXAS,
LP,
Defendant.

September 08, 2021
Nathan Ochsner, Clerk

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§ CIVIL ACTION NO. 4:20-CV-03394
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ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
On August 12, 2021, BFI Waste Services of Texas, L.P.’s Motion to Dismiss (Dkt.
9) was referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. §
636(b)(1)(B). See Dkt. 20. Judge Edison filed a Memorandum and Recommendation on
August 19, 2021, recommending that BFI Waste Services of Texas, L.P.’s Motion to
Dismiss (Dkt. 9) be GRANTED in part and DENIED in part. See Dkt. 23.
No objections have been filed to the Memorandum and Recommendation.
Accordingly, the Court reviews the Memorandum and Recommendation for plain error on
the face of the record. 28 U.S.C. § 636(b)(1); see also FED. R. CIV. P. 72(b)(3).
Based on the pleadings, the record, and the applicable law, the Court finds that there
is no plain error apparent from the face of the record. Accordingly, it is hereby ORDERED
and ADJUDGED that:

Case 4:20-cv-03394 Document 24 Filed on 09/07/21 in TXSD Page 2 of 2

(1)

Judge Edison’s Memorandum and Recommendation (Dkt. 23) is
APPROVED and ADOPTED in its entirety as the holding of the Court; and

(2)

BFI Waste Services of Texas, L.P.’s Motion to Dismiss (Dkt. 9) is
GRANTED in part and DENIED in part. Specifically, On Site Container &
Compactor Repair, Inc.’s fraud cause of action is DISMISSED, but its
quantum meruit claim remains.

It is so ORDERED.
SIGNED at Houston, Texas, this 7th day of September, 2021.
___________________________________
GEORGE C. HANKS, JR.
UNITED STATES DISTRICT JUDGE

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