Legal Opinion

Evercare Protection, LLC v. Headstart Warranty Group, LLC

District Court, N.D. Texas

Decided May 15, 2026No. 4:25-cv-00360Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION EVERCARE PROTECTION, LLC, § § Plaintiff, § § VS. § CIVIL ACTION NO. 4:25-cv-360-BJ § HEADSTART WARRANTY GROUP, LLC. § § Defendant. § MEMORANDUM OPINION AND ORDER Pending before the Court is Plaintiff Evercare Protection, LLC’s Motion to Dismiss Counts III and IV of Defendant’s Counterclaims and Strike Affirmative Defenses four, six, seven, and eight (“Motion to Dismiss”) [doc. 38], filed December 22, 2026. Having carefully considered the motion, response, and applicable law, the Court PARTIALLY GRANTS the…

2Cases cited31 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  4. In Re Firstmerit Bank, N.A.Texas Supreme Court · 2001
  5. Kaiser Aluminum & Chemical Sales, Inc. v. Avondale Shipyards, Inc.Court of Appeals for the Fifth Circuit · 1982

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