Personal Audio LLC v. Google LLC

Filing 784

MEMORANDUM ORDER: Personal Audio's "Objection to Magistrate Judge's Order Re Motion for Adverse Inference" (D.I. #697 ) is OVERRULED. Signed by Judge Colm F. Connolly on 4/4/2023. (nmf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PERSONAL AUDIO, LLC,

Plaintiff,

v.

Civil Action No. 17-1751-CFC-CJB

GOOGLELLC,

Defendant.

MEMORANDUM ORDER

Pending before me is Personal Audio's objection (D.I. 697) to the Magistrate
Judge's Memorandum Order (D.I. 688) denying Personal Audio's "Motion for
Adverse Inference" (D.I. 543).
Local Rule 72.l{b) provides that "[o]bjections to an order, decision or
recommendation disposition made by a Magistrate Judge pursuant to Fed. R. Civ.
P. 72 shall identify the appropriate standard of review." D. Del. LR 72.l(b).
Because Personal Audio does not identify in its objection the appropriate standard
of review, I will overrule the objection. (Saying that the Magistrate Judge's ruling
was "clearly erroneous," D.I. 697 at 5, 8, 10, does not identify the appropriate
standard of review.)

I will add that had I addressed the arguments set forth in Personal Audio's
objection, I would have rejected them for the reasons stated in the Magistrate
Judge' s thoughtful Memorandum Order.
NOW THEREFORE, at Wilmington on this Fourth day of April in 2023,
Personal Audio's "Objection to Magistrate Judge's Order Re Motion for Adverse
Inference" (D.I. 697) is OVERRULED.

EF JUDGE

2