Malagon v. Crescent Hotels And Resorts

MOTION for Summary Judgment

N.D. Tex.November 14, 2016

Firmwide:143867947.1 080722.1004 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JOSE MAURICIO MALAGON, Plaintiff, vs. CRESCENT HOTELS AND RESORTS, Defendant. § § § § § § § § § § CIVIL ACTION NO. 3:16-CV-00644-D DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Pursuant to Rule 56 of the Federal Rules of Civil Procedure, Defendant Crescent Hotels and Resort moves for summary judgment and dismissal of Plaintiff’s claims on grounds that there is no genuine dispute as to any material fact and Defendant is entitled to judgment as a matter of law. In support of its motion, Defendant has filed a brief that sets forth the facts, arguments, and authorities that substantiate summary judgment. See Local Rule 56.5(a). Pursuant to Local Rule 56.3(b), the contents of the motion required by Local Rule 56.3(a)(1) will be set forth in Defendant’s brief. Also in support of its motion, Defendant has filed a separate appendix that contains the evidentiary materials relied upon for summary judgment. See Local Rule 56.6. Citations to the appendix that support Defendant’s motion are also contained in the accompanying brief. See Local Rule 56.5(c). Based on the facts, arguments, and authorities contained in Defendant’s brief, along with the materials contained in the appendix, Defendant would show that there is no genuine dispute as to any material fact and that Defendant is entitled to judgment as a matter of law. Defendant, therefore, respectfully request that the Court issue an order granting its motion, and that the Case 3:16-cv-00644-D Document 52 Filed 11/14/16 Page 1 of 2 PageID 227 DEFENDANT’S MOTION FOR SUMMARY JUDGMENT - Page 2 Firmwide:143867947.1 080722.1004 Court enter summary judgment in favor of Defendant and dismiss Plaintiff’s claims with prejudice. Dated November 14, 2016 Respectfully submitted, /s/ Victoria Nsikak Eduardo F. Cuaderes Jr. Texas State Bar No. 05200800 Victoria Nsikak Texas State Bar No. 24077487 LITTLER MENDELSON, P.C. 2001 Ross Avenue Suite 1500, Lock Box 116 Dallas, TX 75201-2931 214.880.8100 214.880.0181 (Facsimile) jcuaderes@littler.com vnsikak@littler.com ATTORNEYS FOR DEFENDANT CRESCENT HOTELS AND RESORTS CERTIFICATE OF SERVICE On the 14th day of November 2016, I electronically submitted the foregoing document with the Clerk of the Court for the U.S. District Court, for the Northern District of Texas, Dallas Division, using the Electronic Case Files system of the Court. I certify that I have served Plaintiff, pro se, electronically or by another manner authorized by Federal Rule of Civil Procedure 5(b)(2). Jose Mauricio Malagon Pro se 2614 Alco Ave Dallas, TX 75211 mago1rey@yahoo.com /s/ Victoria Nsikak Victoria Nsikak Case 3:16-cv-00644-D Document 52 Filed 11/14/16 Page 2 of 2 PageID 228 Firmwide:143962563.1 080722.1004 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JOSE MAURICIO MALAGON, Plaintiff, vs. CRESCENT HOTELS AND RESORTS, Defendant. § § § § § § § § § § CIVIL ACTION NO. 3:16-CV-00644-D ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This Order concerns Defendant’s Motion for Summary Judgment. After reviewing the pleadings, motions, responses, replies, affidavits, and evidence on file, the Court issues the following rulings and orders: The Court GRANTS Defendant’s Motion for Summary Judgment in its entirety and dismisses, with prejudice, all of Plaintiff’s claims against Defendant. Accordingly, the Court ORDERS that Plaintiff take nothing from Defendant. This Order effectively disposes of all of Plaintiff’s claims against Defendant and is final. SIGNED this the ______ day of ____________________, 2016. UNITED STATES DISTRICT JUDGE Case 3:16-cv-00644-D Document 52-1 Filed 11/14/16 Page 1 of 1 PageID 229