Valencell, Inc. v. Apple Inc.

Filing 253

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
WESTERN DMSION
No. 5:16-CV-1-D

VALENCELL, INC.,
Plaintiff,
v.
APPLE INC.,
Defendant.

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ORDER

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.