Legal Opinion

Estate of Alex v. T-Mobile US, Inc.

District Court, N.D. Texas

Decided March 1, 2018No. Civil Action No. 3:17–cv–2622–MPublishedCited by 2 opinions

1Opinion of the Court

BARBARA M. G. LYNN, CHIEF JUDGE

Before the Court is Defendants' Motion to Dismiss, (ECF No. 13), and Motion for *727Leave to File Second Amended Complaint, (ECF No. 30). For the reasons stated below, the Motion to Dismiss is GRANTED IN PART and DENIED IN PART , and the Motion for Leave is GRANTED .

I. Factual and Procedural Background

On March 11, 2017, Brandon Alex was injured when he "fell from a daybed." (Am. Compl. ¶ 12, ECF No. 10). His babysitter found him "breathing too faintly." (Id. ) The babysitter repeatedly dialed 9-1-1 from her cellphone, but was placed on hold each time. (Id. ¶ 13).…

2Cases cited19 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. John W. Dussouy, Jr. v. Gulf Coast Investment CorporationCourt of Appeals for the Fifth Circuit · 1981
  4. Dallas Cty. Mental Health and Mental Retardation v. BossleyTexas Supreme Court · 1998
  5. Del Lago Partners, Inc. v. SmithTexas Supreme Court · 2010

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3Cited by2 opinions

  1. Fasttrac Transportation, LLC v. Pedigree Technologies, LLCDistrict Court, D. North Dakota · 2022
  2. Mott v. Schneider Electric Systems USA, Inc.District Court, S.D. Texas · 2025

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