Opinion
Civil Action 4:21-CV-03048
09-07-2022
ENJET, LLC, Plaintiff, v. CHEVRON U.S.A. INC., et al., Defendants.
ORDER
The Honorable Alfred H. Bennett, United States District Judge
Before the Court are United States Magistrate Judge Yvonne Y. Ho's Memorandum and Recommendation filed on August 8, 2022 (Doc. #36), Chevron U.S.A. Inc.'s Objections (Doc. #37), and Enjet, LLC's Response (Doc. #38). The Magistrate Judge's findings and conclusions are reviewed de novo. Fed.R.Civ.P. 72(b); 28 U.S.C. § 636(b)(1); United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). Having reviewed the parties' arguments and applicable legal authority, the Court adopts the Memorandum and Recommendation as its Court's Order.
Accordingly, Enjet's Motion for Leave to Amend (Doc. #18) is GRANTED IN PART. Enjet's request to amend its complaint to assert negligent misrepresentation is granted, but leave to amend its claims for general negligence and products liability is denied. Additionally, Chevron's Motion to Dismiss (Doc. #13) is GRANTED IN PART. Enjet's claims for breach of contract, breach of warranty, general negligence, and products liability are dismissed, but dismissal of Enjet's proposed negligent misrepresentation claim is denied.
It is SO ORDERED.