Personal Audio, LLC v. Ace Broadcasting Network, LLC

Filing 42

ORDER; adopting 41 Report and Recommendations, denying 14 MOTION to Dismiss Defendant Lotzi Digital, Inc.'s 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.
LOTZI DIGITAL, INC. and A
PARNERSHIP CONSISTING OF ADAM
CAROLLA, DONNY MISRAJE, KATHEE
SCHNEIDER-MISRAJE,SANDY GANZ
AND DOES 1-10, INCLUSIVE dba “ACE
BROADCASTING” and/or “CAROLLA
DIGITAL”

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Case No. 2:13-CV-14-JRG-RSP

ORDER
Currently before the Court is the Report and Recommendation filed by Magistrate Judge
Payne on March 3, 2014 (Dkt. No. 41) regarding Plaintiff Personal Audio’s Motion to Dismiss
Defendant Lotzi Digital, Inc.’s (“LDI”) affirmative defenses and counterclaims for failure to
state a claim upon which relief can be granted (Dkt. 14, filed August 5, 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 LDI’s affirmative
defenses and counterclaims for failure to state a claim upon which relief can be granted (Dkt. 14)
is DENIED.
So Ordered and Signed on this

Mar 31, 2014