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, )

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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. § § § § § § § § § § 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

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