Valencell, Inc. v. Apple Inc.
ORDER denying 219 Motion to Set Aside; denying 233 Motion for Leave to File; granting 235 Motion to refer the matter to Judge Gates to establish a schedule to complete discovery and file motions; denying 240 Motion for Leave to File. Signed by Chief Judge James C. Dever III on 12/7/2017. (Briggeman, N.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
On September 11, 2017, Valencell, Inc. ("Valencell") moved to set aside portions of
Magistrate Judge Gates's order of August 28, 2017. See [D.E. 219]. On September 25, 2017,
Apple, Inc. ("Apple") responded in opposition. See [D.E. 226].
The court has reviewed the order of August 28, 2017, the record, and the briefs. The order
isnot"clearlyerroneous" or"contraryto law." Fed. R. Civ. P. 72(a); see 28 U.S.C. § 636(b)(1)(A).
The record amply supports Judge Gates's findings and the governing law amply supports his
conclusions. Accordingly, Vale:t;1cell's motion [D.E. 219] is DENIED. The court DENIES
Valencell' s motion to file a supplemental reply brief [D.E. 2 33] and Apple's motion for leave to
file a sur-reply [D.E. 240]. The court GRANTS Apple's motion to refer the matter to Judge Gates
to establish a schedule to complete discovery and file motions [D.E. 235].
SO ORDERED. This _J_ day of December 2017.
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