Opinion
Civil Action No. V-00-134
June 13, 2001
ORDER OF DISMISSAL
Before the Court are Plaintiff's Motion to file a First Amended Complaint and Defendants' Motions to Dismiss Plaintiff's lawsuit under Federal Rule of Civil Procedure 12(b)(6). Plaintiff's Motion to File a First Amended Complaint is hereby GRANTED.
Plaintiff's lawsuit is nearly identical to the suit brought before this Court in Rivera v. ATT Corporation, 2001 WL 460290 (S.D. Tex.). While Plaintiff's Amended Complaint purports to change the factual allegations, the Court finds that it merely re-characterizes the facts to match the language of the Federal Racketeer Influenced and Corrupt Organizations Act. See Title 18 U.S.C. § 1962. While we are bound by the facts alleged by Plaintiff in his complaint, we are not bound by Plaintiff's legal characterization of those facts. See Fernandez-Montes v. Allied Pilots Ass'n, 987 F.2d 278, 284 (5th Cir. 1993) (noting that "conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss").
Accordingly, for the reasons discussed in this Court's decision in Rivera v. ATT Corporation, 2001 WL 460290 (S.D. Tex.), Defendant's Motions to Dismiss are hereby GRANTED. The lawsuit is hereby DISMISSED with prejudice and all other motions pending before the Court in this lawsuit are DENIED as moot.