Mote v. Oryx Energy Co.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT WEBSTER’S PARTIAL MOTION TO DISMISS AND OVERRULING PLAINTIFF’S OBJECTIONS TO THE MAGISTRATE’S REPORT AND RECOMMENDATION

SCHELL, Chief Judge.

Before the court is Defendant Dan Webster’s Partial Motion to Dismiss filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Webster has moved to dismiss Plaintiffs claim brought under the Texas Deceptive Trade Practices-Consumer Protection Act (“DTPA”) on the ground that Plaintiff is not a “consumer” and, therefore, not entitled to recover under the DTPA.

PROCEDURAL HISTORY

The motion was…