Commil USA, LLC v. Cisco Systems, Inc.

Filing 107

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 101 Report and Recommendations,, 35 Motion to Dismiss, filed by Symbol Technologies, Inc. Accordingly, the court deniesSymbols motion to dismiss. Signed by Judge David Folsom on 9/25/08. (mpv, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION COMMIL USA, LLC vs. CISCO SYSTEMS, INC., ET AL. § § § § § § CASE NO. 2:07-CV-341-TJW-CE MEMORANDUM ORDER The above-titled and numbered civil action was heretofore referred to United States Magistrate Judge Chad Everingham pursuant to 28 U.S.C. § 636. The report of the Magistrate Judge, which contains his proposed findings of fact and recommendation for the disposition of Symbol's motion (#35) to dismiss, has been presented for consideration. No objections were filed to the Report and Recommendation. The court is of the opinion that the findings and conclusions . of the Magistrate Judge are correct. Therefore, the court hereby adopts the report of the United States Magistrate Judge as the findings and conclusions of this court. Accordingly, the court denies Symbol's motion to dismiss. SIGNED this 25th day of September, 2008. ____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE

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