Case Information
*1 Case 4:11-cv-04079 Document 72 Filed in TXSD on 10/02/12 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
HELENE CHUNG, § §
Plaintiff, § §
V. CIVIL ACTION NO. H-11-4079 §
LADYBUG SKINCARE SALON OF § HOUSTON, TEXAS, VIVIAN PAI, and §
RADIANCY, INC . , § §
Defendants. § ORDER ADOPTING RECOMMENDATION OF THE MAGISTRATE JUDGE
Pending is Defendants Ladybug Skincare Salon of Houston, Texas' and Vivian Pails Motion to Dismiss (Document No. 54) and
Defendant Radiancy, Inc. ' s Motion to Dismiss (Document No. 55) .
The Court has received from the Magistrate Judge a Memorandum and
Recommendation recommending that Defendant Radiancy, 1 n c . l ~ Motion
to Dismiss (Document No. 55) be GRANTED and that Defendants Ladybug
Skincare Salon of Houston, Texasr and Vivian Pails Motion to
Dismiss (Document No. 54) be GRANTED IN PART and DENIED IN PART.
Defendants Ladybug Skincare Salon of Houston, Texas and Vivian Pai
have filed Objections (Document No. 71) to the Memorandum and
Recommendation. The Court, after having made a de novo review of
the motions to dismiss, the Memorandum and Recommendation, and the
objections, is of the opinion that the findings and recommendations
of the Magistrate Judge are correct and should be and hereby are
accepted by the Court in their entirety. Accordingly,
Case 4:11-cv-04079 Document 72 Filed in TXSD on 10/02/12 Page 2 of 2 It is ORDERED and ADJUDGED for the reasons set forth in the Memorandum and Recommendation of the United States Magistrate Judge
filed on September 13, 2012, which is adopted in its entirety as
the opinion of this Court, that Defendant Radiancy, 1 n c . l ~ Motion
to Dismiss (Document No. 55) is GRANTED, and Plaintiff's claims of
negligence, violations of the Texas Deceptive Trade Practices Act,
fraud, and strict/products liability against Defendant Radiancy,
Inc. are DISMISSED pursuant to Rule 12(b) (6) for failure to state
a claim; Defendants' Ladybug Skincare Salon of Houston, Texas' and
Vivian Pail s Motion to Dismiss (Document No. 54) is GRANTED in PART
and DENIED in PART, and Plaintiff's claims of fraud, violations of
the Texas Deceptive Trade Practices Act and strict/products
liability against Defendants Ladybug Skincare Salon of Houston,
Texas, and Vivian Pai are DISMISSED pursuant to Rule 12 (b) (6) for
failure to state a claim.
The Clerk will enter this Order and send copies to all parties of record.
Signed at Houston, Texas this 2*( day of d'dbCC& , 2012 1 UNITED SIM AK STATES DISTRICT JUDGE