GORDON v. PETERS

Civil Action No. H-05-3689.

489 F.Supp.2d 729 (2007)

Linda O. GORDON, Plaintiff, v. Mary E. PETERS, United States Secretary of Transportation, Defendant.

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

April 24, 2007.


Attorney(s) appearing for the Case

David T. Lopez, David T. Lopez & Associates, Houston, TX, for Plaintiff.

Charmaine Michele Aarons Holder, Asst. US Atty., Houston, TX, for Defendant.


MEMORANDUM AND ORDER

MILLER, District Judge.

Pending before the court is defendant's motion to dismiss plaintiffs disparate impact claim and claim for enforcement of alleged finding and order. Dkt. 22. Defendant's motion to dismiss was filed pursuant to any one of rules 12(b)(1), 12(b)(6), or 56. Plaintiff argues that the motion should be reviewed under a rule 56 standard. The court agrees. Therefore, defendant's motion to dismiss is converted to a rule...

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