District Court, S.D. Texas February 16, 2010, Civil Action H-09-3626 (Ross v. Bank of America N.A.)

MEMORANDUM AND ORDER

LEE H. ROSENTHAL, District Judge.

I. Background

In this suit, Dr. Jeffrey A. Ross, a Houston podiatrist, alleges misconduct by Linda Hargrove, the office manager at his medical practice from 2006 to the early summer of 2009. Hargrove’s duties included opening checks made payable to Ross and “restrietively endorsing] the checks for deposit only into Dr.