Opinion
Civil Action 4:20-CV-03394
09-07-2021
ON SITE CONTAINER &COMPACTOR REPAIR, INC., Plaintiff. v. BFI WASTE SERVICES OF TEXAS, LP, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
GEORGE C. HANKS, JR., UNITED STATES DISTRICT JUDGE.
On August 12, 2021, BFI Waste Services of Texas, L.P.'s Motion to Dismiss (Dkt. 9) was referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1)(B). See Dkt. 20. Judge Edison filed a Memorandum and Recommendation on August 19, 2021, recommending that BFI Waste Services of Texas, L.P.'s Motion to Dismiss (Dkt. 9) be GRANTED in part and DENIED in part. See Dkt. 23.
No objections have been filed to the Memorandum and Recommendation. Accordingly, the Court reviews the Memorandum and Recommendation for plain error on the face of the record. 28 U.S.C. § 636(b)(1); see also FED. R. CIV. P. 72(B)(3).
Based on the pleadings, the record, and the applicable law, the Court finds that there is no plain error apparent from the face of the record. Accordingly, it is hereby ORDERED and ADJUDGED that:
(1) Judge Edison's Memorandum and Recommendation (Dkt. 23) is APPROVED and ADOPTED in its entirety as the holding of the Court; and
(2) BFI Waste Services of Texas, L.P.'s Motion to Dismiss (Dkt. 9) is GRANTED in part and DENIED in part. Specifically, On Site Container & Compactor Repair, Inc.'s fraud cause of action is DISMISSED, but its quantum meruit claim remains.
It is so ORDERED.