§Why CasetextPricing

Hicks v. Dallas County Community Colleges

MOTION to Dismiss Plaintiff's Second Amended Complaint [Dkt. #45]

14 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,882 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 277,112 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Carimi v. Royal Carribean Cruise Line, Inc.

    959 F.2d 1344 (5th Cir. 1992)   Cited 224 times
    Holding that where default "is based on a void judgment under rule 60(b), the district court has no discretion-the judgment is either void or it is not. If a court lacks jurisdiction over the parties because of insufficient service of process, the judgment is void and the district court must set it aside."

  4. Simien v. Unifund CCR Partners

    321 S.W.3d 235 (Tex. App. 2010)   Cited 71 times
    Finding affidavit properly admitted along with business records

  5. Shabazz v. Texas Youth Commission

    Civil Action No. 3:02-CV-2699-M (N.D. Tex. Sep. 30, 2003)   Cited 39 times
    Holding that "due to the similarity in the definitions of 'employers' under Title VII, the ADEA, and the ADA . . . that personal capacity suits are likewise prohibited under the ADA"

  6. Williams v. Kroger Tex., L.P.

    Civil Action No. 3:16-CV-1631-L (N.D. Tex. Oct. 6, 2016)   Cited 3 times

    Civil Action No. 3:16-CV-1631-L 10-06-2016 SAMUEL WILLIAMS, Plaintiff, v. KROGER TEXAS, L.P., DOING BUSINESS IN THE COMMON NAME OF KROGER FOOD STORES AND K034 KROGER EAST/SOUTHWEST, Defendant. Sam A. Lindsay United States District Judge MEMORANDUM OPINION AND ORDER Before the court is Defendant's Rule 12(b) Motion to Dismiss ("Motion" or "Motion to Dismiss") (Doc. 4), filed June 21, 2016. Defendant Kroger Texas, L.P., d/b/a Kroger Food Stores and K034 Kroger East/Southwest, ("Kroger" or "Defendant")

  7. Sweet v. Ghosh

    Case No. 17-CV-1363-DRH (S.D. Ill. Jan. 16, 2018)

    Case No. 17-CV-1363-DRH 01-16-2018 DEREK I. SWEET, #K98426, Plaintiff, v. PARTHA SARATHI GHOSH, DR. JOHN TROST, WEXFORD HEALTH SERVICES, INC., LATANYA WILLIAMS, SHAWN BASS, M. MOLDENHAUER, JOHN/JANE DOE 1, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, JOHN DOE 4, JOHN DOE 5, JOHN DOE 6, JOHN DOE 7, JOHN DOE 8, JOHN DOE 9, and C/O SCHULTZ, Defendants. HERNDON, District Judge MEMORANDUM AND ORDER HERNDON, District Judge : I. OVERVIEW Plaintiff Derek I. Sweet, an inmate currently housed at Stateville Correctional

  8. Bailey v. AT&T Corp./Headquarters

    CIVIL ACTION NO. 3:16-CV-1464-B (N.D. Tex. Mar. 29, 2017)

    CIVIL ACTION NO. 3:16-CV-1464-B 03-29-2017 LAKEYCHA BAILEY, Plaintiff, v. AT&T CORPORATE/HEADQUARTERS, Defendant. JANE J. BOYLE UNITED STATES DISTRICT JUDGE MEMORANDUM OPINION AND ORDER Before the Court is Defendant AT&T Corporate/Headquarters' Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(5) and 12(b)(6). Doc. 13. For the reasons presented below, the Court DENIES without prejudice Defendant's Motion and QUASHES Plaintiff's previous attempt at service of process. Defendant

  9. Crear v. U.S. Bank NA

    Civil Action No. 3:16-CV-1570-L (N.D. Tex. Dec. 16, 2016)

    Civil Action No. 3:16-CV-1570-L 12-16-2016 STEVEN CREAR, SR. and CHARLES HAINES, Plaintiffs, v. US BANK NA; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; and STEPHEN WU, Defendants. Sam A. Lindsay United States District Judge MEMORANDUM OPINION AND ORDER Before the court are the Motions for Default Judgment (Docs. 5, 12), filed June 21, 2016; Defendant Mortgage Electronic Registration Systems, Inc.'s ("MERS") Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(5) (Doc. 7), filed

  10. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 358,269 times   949 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,307 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 72,489 times   129 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  13. Section 13 - Powers and duties of bureau

    29 U.S.C. § 13   Cited 15 times

    It shall be the duty of the Women's Bureau to formulate standards and policies which shall promote the welfare of wage-earning women, improve their working conditions, increase their efficiency, and advance their opportunities for profitable employment. The said bureau shall have authority to investigate and report to the Department of Labor upon all matters pertaining to the welfare of women in industry. The director of said bureau may from time to time publish the results of these investigations

  14. Section 541.303 - Teachers

    29 C.F.R. § 541.303   Cited 59 times   26 Legal Analyses
    Applying FLSA exemption to certain categories of teachers