Opinion
CIVIL ACTION NO. B-06-125.
April 25, 2007
OPINION ORDER
BE IT REMEMBERED that on April 25, 2007, the Court GRANTED Defendant ORC Industries, Inc.'s Notice of Motion and Motion for Partial Judgment on the Pleadings. Dkt. No. 26.
In its motion, Defendant seeks judgment on the pleadings, pursuant to Federal Rule of Civil Procedure 12(c), as to Plaintiff's fourth cause of action, for breach of a common law fiduciary duty. Id. As support for its motion, Defendant argues that "Texas does not recognize a claim for breach of fiduciary duty brought by an employee against an employer." See Dkt. No. 27, at 3. Therefore, Defendant asks the Court to grant judgment against Plaintiff and for Defendant on this claim. Id. at 5.
Defendant filed the motion sub judice on April 3, 2007. Dkt. No. 26. Plaintiff was therefore required to respond by April 23, 2007. See CHAMBER RULE 5.D. Plaintiff, however, never responded to this motion. The Court therefore takes Plaintiff's failure to respond "as a representation of no opposition" to the motion. See LOCAL RULE LR7.4.
Upon consideration of Defendant's arguments and authority, the Court finds that the motion should be granted. First, "Texas does not recognize a fiduciary duty or a duty of good faith and fair dealing owed by an employer to an employee." Beverick v. Koch Power, Inc., 186 S.W.3d 145, 153 (Tex.App. 2005) (citing City of Midland v. O'Bryant, 18 S.W.3d 209, 216 (Tex. 2000)). Therefore, Plaintiff's fourth cause of action fails to state a valid claim. Second, Plaintiff's lack of opposition to Defendant's motion supports the Court's conclusion that Plaintiff's fourth cause of action does not state a valid claim. Finally, Plaintiff provides no authority in his complaint for his fourth cause of action. See Dkt. No. 1, at 7-8.
Based on the foregoing, the Court GRANTS Defendant ORC Industries, Inc.'s Notice of Motion and Motion for Partial Judgment on the Pleadings. Dkt. No. 26. Therefore, Plaintiff's fourth cause of action, "Texas Common Law Breach of Fiduciary Duty," is dismissed with prejudice. Finally, the Court GRANTS judgment in favor of Defendant ORC Industries, Inc. on Plaintiff's fourth cause of action.