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16-1083 - DeVore v. Lyons


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16-1083 - DeVore v. Lyons
October 25, 2016
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MEMORANDUM OPINION AND ORDER: Defendant Robert Casey Lyon's Motion to Dismiss for Lack of Subject Matter Jurisdiction or, Alternatively, for a Failure to State a Claim Upon Which Relief Can Be Granted [Dkt. No. 10], as supplemented by Defendant's Supplemental Motion to Dismiss [Dkt. No. 28] is granted in part and denied in part. The Motion to Dismiss for Lack of Subject Matter Jurisdiction is denied. The Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted is granted in part and denied in part. Plaintiff's claims for breach of contract and violations of the Federal Labor Standards Act and Texas Minimum Wage Act are dismissed with prejudice. Plaintiff's quantum meruit claim is not dismissed. (Ordered by Magistrate Judge David L Horan on 10/25/2016) (mcrd)
April 4, 2017
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MEMORANDUM OPINION AND ORDER: The Court DENIES Plaintiff Keri DeVore's motion to dismiss Robert Casey Lyons's counterclaims for a failure to state a claim upon which relief can be granted 36. Lyons's counterclaims of conversion and invasion of privacy may proceed as pleaded. (Ordered by Magistrate Judge David L. Horan on 4/4/2017) (ash)