“The Court notes that every case relied upon for Defendant’s substantive arguments was decided under the summary judgment standard, not under Rule 12(b)(6).”

Mosley v. Tutle & Tutle Trucking, Inc., CA No. 6:13-CD-468, 2013 WL 6824385 at *2 (E.D. Tex., Dec. 26, 2013) (Davis, J.).