Martin v. Home Depot U.S.A., Inc.

ORDER

SPARKS, District Judge.

BE IT REMEMBERED on the 31st day of March 2005, the Court reviewed the file in the above-styled cause, and specifically Defendant Home Depot U.S.A., Inc.’s (“Home Depot”) Motion for Summary Judgment, or in the Alternative, for Partial Summary Judgment [# 114]. Having considered the motion, the response and the reply, the case file as a whole, and the applicable law, the Court enters the following opinion and order.

I. Background

This proposed class action was originally filed in Travis County District Court on July 1, 2003. Defendant Home Depot removed the case to…