Fisher-Price, Inc. et al v. Kids II, Inc.

Filing 102

DECISION AND ORDER affirming Magistrate Judge Foschio's Decision and Order of December 21, 2011. Signed by Hon. Richard J. Arcara on 8/15/2012. (JMB)

UNITED STATES DISTRICT COURT
W ESTERN DISTRICT OF NEW YORK

FISHER-PRICE, INC. and
MATTEL, INC.,
Plaintiffs,
v.

DECISION AND ORDER
10-CV–00988

KIDS II, INC.
Defendant.

This case was referred to Magistrate Judge Leslie G. Foschio, pursuant to
28 U.S.C. §636(b)(1), on January 5, 2011. On November 3, 2011, Defendant
filed a motion to stay litigation pending reexamination of the patent-in-suit by the
U.S. Patent and Trademark Office. On December 21, 2011, Magistrate Judge
Foschio issued a Decision and Order denying Defendant Kids II’s motion to stay
litigation. Defendant filed objections to the Magistrate Judge’s Decision and
Order on January 11, 2012 and this Court heard oral argument on those
objections on August 9, 2012.
Pursuant to 28 U.S.C. §636(b)(1)(A), the district court “may reconsider any
pretrial matter under this subparagraph (A), where it has been shown that the
magistrate’s order is clearly erroneous or contrary to law.” Id. The Court has
carefully reviewed Magistrate Judge Foschio’s Decision and Order and the
submissions of the parties. Upon such review and after hearing argument from

counsel, the Court finds that Magistrate Judge Foschio’s Decision and Order is
neither clearly erroneous nor contrary to law. Accordingly, the Court affirms the
Decision and Order in its entirety.
SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: August 15, 2012

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