Opinion
CIVIL ACTION NO. 4:15-CV-2736
07-19-2016
ROBERT STREET, Plaintiff, v. MAVERICK TUBE CORPORATION; dba TENARIS BAY CITY, INC., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
The Court has reviewed the Memorandum and Recommendation (Instrument No. 19) signed by Magistrate Judge Mary Milloy on June 17, 2016, regarding Instrument 12. Plaintiff timely filed objections. The Court has reviewed the Memorandum and Recommendation and objections and made a de novo review of the Magistrate Judge's recommended dispositions to which objections were raised, Rule 72(b), Fed. R. Civ. P.; 28 U.S.C. § 636(b)(1)(C); McLeod, Alexander, Powel & Apffel P.C. v. Quarles, 925 F.2d 853, 855 (5th Cir. 1991), and after consideration of the applicable law, is of the opinion that said Memorandum and Recommendation should be adopted by this Court.
It is therefore ORDERED, ADJUDGED and DECREED that United States Magistrate Judge Milloy's Memorandum and Recommendation is hereby adopted by this Court.
Accordingly, the Court finds that Defendant's motion to dismiss Plaintiff's claims for discrimination, wrongful termination, fraudulent misrepresentation, slander, and tortious interference with a contract are GRANTED, and that Defendant's motion to dismiss Plaintiff's claim for retaliation is DENIED. As to the fraud claim only, Plaintiff is GRANTED leave to file an amended complaint and may re-plead the fraud claim within ten days from the date of this Order.
The Clerk shall enter this Order and provide all parties with a true copy.
SIGNED on this the 19th day of July, 2016, at Houston, Texas.
/s/_________
VANESSA D. GILMORE
UNITED STATES DISTRICT JUDGE