Pacific Contours Corporation v. Fives Machining System, Inc.

Filing 43

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE, by Judge David O. Carter 34 . IT IS HEREBY ORDERED that: 1. The Report and Recommendation is approved and accepted; 2. The Motion is GRANTED in part and DENIED in part as follows: SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 SOUTHERN DIVISION 11 12 13 14 15 16 17 PACIFIC CONTOURS CORPORATION, Plaintiff, v. FIVES MACHINING SYSTEMS, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 8:18-cv-00413-DOC (JDEx) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE 18 19 Pursuant to 28 U.S.C. § 636, the Court has reviewed the records on file, 20 including Complaint filed by Plaintiff Contours Corporation, the Motion for 21 Judgment on the Pleadings (Dkt. 18, “Motion”) filed by Defendant Fives 22 Machining Systems, Inc., the Opposition, Reply and Supplemental briefs in 23 support of and/or opposition to the Motion, the Report and Recommendation 24 of the assigned United States Magistrate Judge, as well as the Objections 25 thereto and Replies to Objections filed by the parties. Further, the Court has 26 engaged in a de novo review of those portions of the Report and 27 Recommendation to which objections have been made. 28 1 IT IS HEREBY ORDERED that: 2 1. The Report and Recommendation is approved and accepted; 3 2. The Motion is GRANTED in part and DENIED in part as 4 follows: 5 a. The Motion is DENIED as to Claim Three; 6 b. The Motion is GRANTED as to Claims Four and Five without 7 leave to amend and final judgment in this action shall reflect 8 that Claims Four and Five are dismissed. 9 10 Dated: November 28, 2018 11 ______________________________ DAVID O. CARTER United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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