Foundation Medicine, Inc. v. Guardant Health, Inc.

Filing 69

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 60 Report and Recommendations. Denying 29 Motion to Dismiss for failure to state claim. Signed by Judge Rodney Gilstrap on 3/21/2017. (ch, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
FOUNDATION MEDICINE, INC.,

v.
GUARDANT HEALTH, INC.,

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Case No. 2:16-CV-00523-JRG-RSP

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ORDER
Before the Court is the Report and Recommendation filed by Magistrate Judge Payne on
February 15, 2017 (Dkt. No. 60) recommending that Guardant Health, Inc.’s motion to dismiss for
failure to state a claim (Dkt. No. 29) be denied. No objections have been filed.
Accordingly, the Recommendation is ADOPTED. Guardant Health, Inc.’s motion to
dismiss for failure to state a claim (Dkt. No. 29) is DENIED.

SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 21st day of March, 2017.

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RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE