Miller et al v. De Fina

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 31 Report and Recommendations, 23 Motion for Partial Summary Judgment,, filed by Daniel C. Miller, KIDS Inc. Plaintiffs/Counter-Defendants Joint Motion for Partial Summary Judgment (Dkt. 23) is DENIED and all counterclaims asserted in Defendants Fifth Amended Answer and Fifth Amended Counter-Claim, Docket Entry 15, shall proceed to trial. Signed by Judge Richard A. Schell on 11/25/14. (cm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
DANIEL C. MILLER AND KIDS, INC.

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Plaintiff,
VS.
PHILIP A. DEFINA, PH.D.
Defendant.

Case No. 4:13cv735

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 November 7, 2014, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Plaintiffs/Counter-Defendants’ Joint Motion for Partial
Summary Judgment (Dkt. 23) be DENIED and that all counterclaims asserted in Defendants’ Fifth
Amended Answer and Fifth Amended Counter-Claim, Docket Entry 15, proceed to trial.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, this court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions
of the court. Therefore, Plaintiffs/Counter-Defendants’ Joint Motion for Partial Summary Judgment
(Dkt. 23) is DENIED and all counterclaims asserted in Defendants’ Fifth Amended Answer and Fifth

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Amended Counter-Claim, Docket Entry 15, shall proceed to trial.
IT IS SO ORDERED.
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SIGNED this the 25th day of November, 2014.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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