Tucker v. Sweetwater Pools, Inc, No. 4:2015cv03736 - Document 19 (S.D. Tex. 2016)
Court Description: MEMORANDUM AND OPINION entered MOOTING 10 First MOTION to Dismiss 1 Complaint Count II. The initial conference is set for 5/25/16 at 11:30. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Tucker v. Sweetwater Pools, Inc Doc. 19 United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION SARA A. TUCKER, Plaintiff, VS. SWEETWATER POOLS, INC., Defendant. § § § § § § § § § May 18, 2016 David J. Bradley, Clerk CIVIL ACTION NO. H-15-3736 MEMORANDUM AND OPINION DISMISSING PENDING MOTION AS MOOT IN LIGHT OF THE PLEADING AMENDMENT On December 29, 2015, the plaintiff, Sara Tucker, sued Sweetwater Pools, Inc. under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq. (Docket Entry No. 1). On April 1, 2016, Sweetwater moved to dismiss Count Two of the complaint under Federal Rule of Civil Procedure 12(b)(6). (Docket Entry No. 10). On April 5, Tucker amended the complaint as a matter of course under Rule 15(a)(1). (Docket Entry No. 12). The amended complaint withdrew Count Two. Sweetwater’s motion to dismiss is dismissed as moot, subject to reurging, in light of the pleading amendment. (Docket Entry No. 10). The initial conference is set for May 25, 2016 at 11:30 a.m. in Courtroom 11-B. SIGNED on May 18, 2016, at Houston, Texas. ______________________________________ Lee H. Rosenthal United States District Judge Dockets.Justia.com
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