Better Education, Inc. v. Einstruction Corporation et al, No. 2:08-cv-00446 (E.D. Tex. Mar. 10, 2010)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

The above-titled and numbered civil action was referred to United Stat es Magistrate Judge Everingham for pre-trial purposes pursuant to 28 U.S.C. § 636. The report of the Magistrate Judge [Dkt. No. 95], which contains his proposed findings of fact and his recommendation that the court deny Qwizdom Inc.’s motion to dismiss, has been presented for consideration. The motion to dismiss contends that service of process was insufficient, joinder is improper, and the complaint fails to state a claim for which relief can be gr anted.