McGaskey v. Hospital Housekeeping Systems of Houston, Inc.

MEMORANDUM AND OPINION

ROSENTHAL, District Judge.

Pending before this court is a motion to dismiss for failure to state a claim or, in the alternative, for partial summary judgment, filed by defendant Hospital Housekeeping Systems of Houston, Inc. (“HHS”) against plaintiff Tracy MeGaskey (“MeGaskey”). Based on a careful review of the pleadings, motions, the parties’ submissions, and the applicable law, this court GRANTS HHS’s motion to dismiss WITH prejudice McGas-key’s state law claims; and GRANTS HHS’s motion to dismiss WITHOUT prejudice McGaskey’s ERISA claims, for the reasons stated below.

I.…