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16-453 - Cotton v. Texas Express Pipeline, LLC. et al


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16-453 - Cotton v. Texas Express Pipeline, LLC. et al
March 22, 2018
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ORDER ADOPTING IN PART AND NOT ADOPTING IN PART REPORT AND RECOMMENDATIONS Re 25 Report and Recommendations, DENYING 21 Motion for Leave to File Document filed by Anthony Cotton, DENYING 23 Motion to Amend Complaint filed by Anthony Cotton, GRANTING IN PART AND DENYING INPART 13 Motion to Dismiss, filed by Texas Express Pipeline, LLC., DCP Midstream Texas Express, LLC, Enterprise Products Operating, LLC., Enterprise Products Partners, LP, WGR Asset Holding Company, Enbridge Midcoast Energy, LP. For the reasons stated above, IT IS ORDERED that Magistrate Judge Manskes report and recommendation, (Dkt. 25), is ADOPTED IN PART AND NOT ADOPTED IN PART. Specifically, the Court ADOPTS the report and recommendations findings of fact and conclusions of law with respect to every cause of action in Cottons complaint except for his breach of contract claim. However, the Court REJECTS the magistrate judges analysis andrecommendation concerning the breach of contract claim. Defendants Motion to Dismiss, (Dkt. 13), is GRANTED IN PART AND DENIED IN PART. Specifically, the Court GRANTS Defendants motion with respect to all of Cottons causes of action other than his breach of contract claim; those claims are DISMISSED. However, the Court DENIES Defendants motion with respect to Cottons breach of contract claim. Finally, the Court DENIES Cottons Motions to Amend, (Dkts. 21, 23), without prejudice to filing a motion to amend pertaining only to Cottons remaining breach of contract claim. Signed by Judge Robert Pitman. (jgb)