Cytophil Inc v. Merz North America Inc et al

Filing 100

ORDER adopting the recommendation 92 of the magistrate judge as its own. For the reasons stated therein, the Motion for Preliminary Injunction 8 is DENIED. Signed by Senior Judge Malcolm J. Howard on 3/30/2017. (Foell, S.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION MERZ NORTH AMERICA, INC., Plaintiff, v. NO.: 5:15-CV-262-H-KS CYTOPHIL, INC. d/b/a REGENSCIENTIFIC, Defendant. CYTOPHIL, INC NO.: 5:16-CV-745-H-KS Plaintiff, v. MERZ NORTH AMERICA, INC., Defendant. ORDER This matter is before the court on Cytophil's Motion for Preliminary America, Injunction Inc., No. filed in Cytophil, 5:16-CV-745-H-KS Inc. [DE #8]. v. Merz North Magistrate Judge Kimberly A. Swank filed a Memorandum and Recommendation ("M&R") on February 23, 2017, recommending that the motion be denied. filed no objections to the M&R, expired. and the time This matter is ripe for adjudication. Merz for doing so has A full and careful review of the M&R and other documents of record convinces the court that magistrate judge is, in all respects, and should be approved. the recommendation of in accordance with the law Accordingly, the court recommendation of the magistrate judge as its own. adopts DENIED. '2--1} This _tl_O day of March 2017. M~~ the For the reasons stated therein, the motion for preliminary injunction [DE #8] Senior United States District Judge At Greenville, NC #26 the is

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