Raytheon Company v. Cray, Inc.

Filing 74

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 71 Report and Recommendations, denying 23 Motion to Dismiss. Signed by Judge Rodney Gilstrap on 4/12/2017. (ch, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
RAYTHEON COMPANY,

Plaintiff,
v.
CRAY, INC.,

Defendant.

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§ Case No. 2:16-CV-00423-JRG-RSP
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ORDER

Before the Court is the Report and Recommendation filed by Magistrate Judge Payne on
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March 13, 2017 (Dkt. No. 71) recommending that Defendant Cray Inc.’s Motion to Dismiss under
Fed. R. Civ. P. 12(b)(3) and 12(b)(6) (Dkt. No. 23) be denied. Having considered the objections
filed by Defendant Cray Inc. (Dkt. No. 72) and finding them to be without sufficient merit, and
after a de novo review, the Report and Recommendation is ADOPTED.
IT IS ORDERED AND ADJUDGED that Defendant Cray Inc.’s Motion to Dismiss (Dkt.
No. 23) is hereby DENIED.

SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 12th day of April, 2017.

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RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE