Elhoor v. the Home Depot USA, Inc.

Full title: NANCY ELHOOR, Plaintiff, v. THE HOME DEPOT USA, INC., DBA THE HOME DEPOT…

Court: United States District Court, N.D. Texas, Dallas Division

Date published: Aug 9, 2005

Civil Action No. 3:04-CV-2681-M (N.D. Tex. Aug. 9, 2005)

Opinion

Civil Action No. 3:04-CV-2681-M.

August 9, 2005

ORDER

BARBARA LYNN, District Judge

The Court concludes that Defendant Angel Espinoza should be dismissed from this case, because there is no legal theory on which the Plaintiff can conceivably recover from him. When this case was removed from state court, the Plaintiff claimed that Espinoza was fraudulently joined, tendering to the Court undisputed evidence that Espinoza was not employed at the store where Plaintiff was injured and had no responsibilities at that location. Plaintiff never provided any responsive evidence. The Court concludes that Espinoza was fraudulently joined and that he should, therefore, be dismissed with prejudice from this case. All of his costs are taxed against the Plaintiff.

SO ORDERED.