Techsys Chassis, Inc. v. Sullair Corporation

Filing 94

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE DENYING 20 Motion to Dismiss filed by Sullair Corporation, 79 Report and Recommendations, DENYING 58 Motion to Dismiss filed by Sullair Corporation. Signed by Judge Michael H. Schneider on 7/16/2009. (baf, )

United States District Court
E A S T E R N DISTRICT OF TEXAS S H E R M A N DIVISION

TECHSYS CHASSIS, INC. VS. SULLAIR CORPORATION

§ § § §
§

Case No. 4:08cv203 (Judge Schneider/Judge Mazzant)

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636. On June 23, 2009, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendant's Amended Partial Motion to Dismiss (Dkt. #20) and Defendant's Supplemental Motion to Dismiss (Dkt. # 58) should be denied. The Court, having made a de novo review of the objections raised by Defendant, is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections are . without merit. Therefore, the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of this Court, and Defendant's Amended Partial Motion to Dismiss and Supplemental Motion to Dismiss are denied. It is, therefore, ORDERED that Defendant's Amended Partial Motion to Dismiss (Dkt. #20) and Defendant's Supplemental Motion to Dismiss (Dkt. # 58) are DENIED.

SIGNED this 16th day of July, 2009.

____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE