Opinion
CIVIL ACTION NO. G-13-436
05-28-2014
MANZURAL KHAN v. COLLEGE OF THE MAINLAND
OPINION AND ORDER
On May 2, 2014, Defendant, College of the Mainland (COM), filed its opposition to the Motion for Leave to File an Amended Complaint of Plaintiff, Manzural Khan. The Court now issues this Opinion and Order.
A Motion for Leave to Amend is a non-case dispositive matter. Bryant v. Mississippi Power & Light Co., 722 F.Supp. 298 (S.D. Miss. 1989)
The Court set May 19, 2014, as the due date for the filing of a reply, but to date, no reply has been filed by Khan. In its opposition, COM argues that Khan's attempt to add a breach of contract claim to his suit would be futile because COM has sovereign immunity against such an action in this federal forum. Nationwide Public Insurance Adjusters, Inc. v. Edcouch-Elsa ISD, 913 F.Supp. 2d 305, 310 (S.D. Tex. 2012) (Section 271.156, Tex. Loc. Gov't. Code, "does not waive sovereign immunity to suit in federal court.") This Court agrees. Khan's lack of a reply may also indicate his concession. Regardless, a breach of contract claim in this case would be barred.
It is, therefore, ORDERED that Plaintiff, Manzural Khan's, "Motion for Leave to File Plaintiff's First Amended Complaint" (Instrument no. 11) is DENIED.
DONE at Galveston, Texas, this 28th day of May, 2014.
__________
John R. Froeschner
United States Magistrate Judge