Gehan Homes, Ltd. v. NIBCO, Inc.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION GEHAN HOMES, LTD., Plaintiff, v. Case No. 5:19-CV-1478-JKP NIBCO INC., Defendant. MEMORANDUM OPINION AND ORDER The Court has under consideration Defendant’s Motion to Dismiss First Amended Com- plaint (ECF No. 16). The motion is ripe for ruling. For the reasons that follow, the Court denies the motion. I. BACKGROUND1 In February 2020, Plaintiff filed a First Amended Complaint (ECF No. 12) in response to a prior motion to dismiss. In this diversity action, Plaintiff, an entity that develops residential sub- divisions…