Daniel Pena v. Cliff Viessman, Inc. and John Doe

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS EL PASO DIVISION DANIEL PENA, § § Plaintiff, § § v. § § EP-25-cv-00335-KC-RFC CLIFF VIESSMAN, INC. and JOHN § DOE, § § Defendant. REPORT AND RECOMMENDATION Before the Court is Defendant Cliff Viessman, Inc.’s Motion to Dismiss Under Rule 12(b)(6) [hereinafter “Mot.”], ECF No. 9. This case was assigned to United States District Judge Kathleen Cardone, who then referred the Motion to the undersigned Magistrate Judge. For the reasons set forth herein, the Court RECOMMENDS the Motion be GRANTED. I. BACKGROUND This case arises…