Stingray Music USA, Inc. v. Music Choice

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 21 Motion to Dismiss filed by Music Choice, 46 Report and Recommendations. Signed by Judge Rodney Gilstrap on 9/28/2017. (nkl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
MUSIC CHOICE,
Plaintiffs,
v.
STINGRAY DIGITAL GROUP INC. and
STINGRAY MUSIC USA, INC.,
Defendants.

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No. 2:16-CV-00586-JRG-RSP
(lead case)
No. 2:16-CV-00964-JRG-RSP
(member case)

ORDER
The above entitled and numbered civil action was referred to United States Magistrate
Judge Roy S. Payne pursuant to 28 U.S.C. § 636. Now before the Court is the Report and Recommendation (Dkt. No. 46) by Magistrate Judge Payne, which recommends that Music Choice’s Motion to Dismiss (Dkt. No. 21) in member case No. 2:16-CV-00964 be denied. Music Choice lodged
objections (Dkt. No. 47) to the Report.
Having considered the Report and Music Choice’s objections, the Court concludes Magistrate Judge Payne’s Report and Recommendation is correct. IT IS THEREFORE ORDERED
that the Report and Recommendation (Dkt. No. 46) is hereby ADOPTED. Defendants’ Motion to
Dismiss (Dkt. No. 21) is DENIED.

So Ordered this
Sep 28, 2017