Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Little v. Perry Homes, LLC

United States District Court, S.D. Texas, Houston Division

April 10, 2019

STEVEN LITTLE, Plaintiff,
v.
PERRY HOMES, LLC, Defendant.

          ORDER

          Andrew S. Hanen United States District Judge

         Before the Court is the Motion to Dismiss Plaintiffs Original Petition (Complaint) filed by Perry Homes, LLC, the Defendant herein (Doc. No. 4). Plaintiff has not responded, and the time to do so was months ago. As per the local rules of the Southern District of Texas, the failure to respond to a motion is normally considered a representation of "no opposition" by the non-movant. (L.R. 7.4). Nevertheless, because this motion is dispositive, the Court will review its merits and not rely upon Plaintiffs failure to respond.

         I. Nature and Stage of the Proceeding

         On January 4, 2019, Steven Little ("Little") filed his complaint against Perry Homes, LLC ("Perry Homes"), alleging whistleblower retaliation in violation of Chapter 554 of the Texas Government Code and retaliation in violation of Little's First and Fourteenth Amendment rights under Section 1983. (Complaint at ¶¶ 27-35). Perry Homes timely removed this case to this Court on federal-question subject matter jurisdiction grounds, (Defendant's Notice of Removal (Doc. No. 1)), and then filed the Motion to Dismiss that is under consideration here.

         II. Statement of Facts

         Little filed his Petition in the 333rd District Court of Harris County, Texas, against Perry Homes asserting two causes of action: (i) that Perry Homes retaliated against him in violation of Chapter 554 of the Texas Government Code, which prohibits a "governmental entity" from retaliating against a "public employee" who in good faith reports a violation of law to an appropriate law enforcement authority (Complaint at ¶¶ 27-30); and (ii) that Perry Homes terminated Little in retaliation for Little's protected speech in violation of his rights under the First and Fourteenth Amendments to the United States Constitution, both of which he alleges give rise to claims against Perry Homes under 42 U.S.C. § 1983. (Complaint at ¶¶ 31-35).

         Perry Homes claims that neither cause of action can be maintained against a private entity.

         III. Causes of Action

         Plaintiffs Petition clearly alleges that Perry Homes is a "Texas limited liability company doing business in Texas." He has not alleged, nor can it honestly be alleged, that Perry Homes is a governmental entity or that Little was a public employee.

         Little's two causes of action are set out below in their entirety:

         Count I - Whistleblower Retaliation

27. The preceding paragraphs are incorporated by reference in the following claim for relief.
28. Mr. Little would show that the aforementioned conduct constitutes a violation of the Texas Whistleblower Act, Chapter 554, § 554.001, Tex. Gov't Code, which prohibits a governmental entity from retaliating against a public employee who in good faith reports a violation of law to an appropriate law enforcement authority.
29. Mr. Little's clearly established rights under the Texas Whistleblower Act were violated by Perry Homes when it terminated Mr. Little's employment in retaliation for his good faith reports of violations of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.