Alkane Midstream LLC v. Palmer Johnson Power Systems LLC et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
MIDLAND/ODESSA DIVISION
ALKANE MIDSTREAM LLC,
Plaintiff,
v.
PALMER JOHNSON POWER
SYSTEMS LLC and MESA
NATURAL GAS SOLUTIONS, LLC,
Defendants.
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MO:25-CV-00214-DC
ORDER
Before the Court is United States Magistrate Judge Ronald C. Griffin’s Report and
Recommendation (Doc. 36) concerning Defendant Mesa Natural Gas Solutions, LLC’s
Partial Motion to Dismiss. (Doc. 26). Pursuant to 28 U.S.C. § 636(b) and Rule 1(d) of
Appendix C of the Local Rules of the United States District Court for the Western District
of Texas, the Magistrate Judge filed his report and recommendation on May 15, 2026.
Pursuant to 28 U.S.C. § 636(b), a party may serve and file specific, written objections
to a magistrate judge’s proposed findings and recommendations within fourteen days after
being served with a copy and, in doing so, secure de novo review by the district court. When
no objections are timely filed, a district court reviews the magistrate’s report and
recommendation for clear error. See Fed. R. Civ. P. 72 advisory committee’s note (“When no
timely objection is filed, the [district] court need only satisfy itself that there is no clear error
on the face of the record in order to accept the recommendation.”). Because no objections
were filed, the Court reviews for clear error.
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Finding no such error, the Court ADOPTS the R&R and thus GRANTS IN PART
AND DENIES IN PART the Motion to Dismiss. The Motion is GRANTED as to
Plaintiff’s breach-of-express-warranty claim based on Defendant Mesa’s representation that
the units had undergone “hundreds of hours of real-world testing” and DENIED as to
Plaintiff’s breach-of-express-warranty claim premised on Defendant Mesa’s guarantee of a
“95% run-time.” Plaintiff’s breach-of-express-warranty claim based on the “hundreds of
hours of real-world testing” is DISMISSED WITHOUT PREJUDICE.
It is so ORDERED.
SIGNED this 1st day of June, 2026.
DAVID COUNTS
UNITED STATES DISTRICT JUDGE
Case 7:25-cv-00214-DC-RCG Document 37 Filed 06/01/26 Page 2 of 2