Preferential Networks IP, LLC v. AT&T Mobility, LLC d/b/a AT&T Mobility et al

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 19 Motion to Dismiss, filed by AT&T Mobility, LLC d/b/a AT&T Mobility, AT&T Mobility II, LLC d/b/a AT&T Mobility, New Cingular Wireless Services, Inc. d/b/a AT&T Mobility, Cricket Wireless LLC, 44 Report and Recommendations,. Signed by Judge Rodney Gilstrap on 8/31/2017. (nkl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
PREFERENTIAL NETWORKS IP, LLC,
Plaintiff,
v.
AT&T INC. MOBILITY, LLC D/B/A
AT&T MOBILITY, AT&T MOBILITY
II LLC D/B/A AT&T MOBILITY,
NEW CINGULAR WIRELESS
SERVICES, INC. D/B/A AT&T
MOBILITY, and CRICKET
WIRELESS LLC,
Defendants.

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No. 2:16-cv-01374-JRG-RSP

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. 44) by Magistrate Judge Payne, which recommends that Defendants’
Motion to Dismiss Under Fed. R. Civ. P. 12(B)(6) (Dkt. No. 19) be granted in part. Defendants
objected to the Report (Dkt. No. 45) and Preferential Networks responded (Dkt. No. 46).
Having considered the Report and Recommendation, Defendants’ objections, and
Preferential Networks’s response, IT IS ORDERED that Magistrate Judge Payne’s Report and
Recommendation (Dkt. No. 44) is hereby ADOPTED and Defendants’ objections (Dkt. No. 45)
are OVERRULED. Defendants’ Motion (Dkt. No. 19) is therefore GRANTED IN PART. The

Court GRANTS Defendants’ Motion as to Preferential Networks’s allegations of precomplaint willfulness, but DENIES the motion in all other respects.
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 31st day of August, 2017.

____________________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE

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