Traxcell Technologies, LLC v. Huawei Technologies USA Inc.

Filing 89

ORDER ADOPTING 60 REPORT AND RECOMMENDATIONS. Signed by Judge Robert W. Schroeder, III on 10/11/2017. (sm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
TRAXCELL TECHNOLOGIES, LLC,
v.
SAMSUNG ELECTRONICS AMERICA,
INC.

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Case No. 2:17-cv-00042-RWS-RSP (Lead)

ORDER
Magistrate Judge Payne issued a report recommending that the motion to dismiss for failure
to state a claim filed by Samsung Electronics America, Inc. (“Samsung”) (Docket No. 26 in Case
No. 2:17-cv-00045) be denied. No objections were filed, and the time to do so has now passed.
See Fed. R. Civ. P. 72(b)(2). Having considered the Report and Recommendation de novo, the
Court finds no reason to reject or modify the recommended disposition. See Fed. R. Civ. P.
.
72(b)(3); 28 U.S.C. § 636(b)(1)(C). The Magistrate Judge appropriately recommended denying
Samsung’s Motion to Dismiss for failure to state a claim, as the amended complaint satisfies the
pleading standard. Docket No. 60 at 1.
Accordingly,
It is ORDERED:
(1) The Magistrate Judge’s Report and Recommendation, Docket No. 60, is ADOPTED.
(2) Samsung’s Motion to Dismiss, Docket No. 26 in Case No. 2:17-cv-00045, is DENIED.
SIGNED this 11th day of October, 2017.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE