Personal Audio, LLC v. Togi Entertainment, Inc.

Filing 94

ORDER; adopting 65 Report and Recommendations; denying 6 MOTION to Dismiss Affirmative Defenses and Counterclaims for Failure to State a Claim Upon Which Relief Can Be Granted filed by Personal Audio, LLC. Signed by Judge Rodney Gilstrap on 3/31/14. (mrm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
PERSONAL AUDIO, LLC
v.
TOGI ENTERTAINMENT, INC.

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Case No. 2:13-CV-13-JRG-RSP
Lead Case

ORDER
Currently before the Court is the Report and Recommendation filed by Magistrate Judge
Payne on February 14, 2014 (Dkt. No. 65) regarding Plaintiff Personal Audio’s Motion to
Dismiss Defendant Togi Entertainment, Inc.’s (“Togi”) affirmative defenses and counterclaims
for failure to state a claim upon which relief can be granted (Dkt. 6, filed April 1, 2013, referred
to herein as the “Motion”). No objections having been filed and for the reasons set forth in the
Court’s Report and Recommendation, the Recommendation is adopted. Accordingly,
IT IS ORDERED that Personal Audio’s Motion to Dismiss Defendant Togi’s affirmative
defenses and counterclaims for failure to state a claim upon which relief can be granted (Dkt. 6)
is DENIED.
So Ordered and Signed on this

Mar 31, 2014