Dynamic Applet Technologies, LLC v. MATTRESS FIRM, INC. et al

Filing 129

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 121 ORDER AND REPORT AND RECOMMENDATION. It is hereby ORDERED, ADJUDGED, AND DECREED that the PetSmart Motion to Dismiss (Dkt. 105 ), the Hollister Motion to Dismiss (Dkt. 114 ), and the Mattress Firm Motion to Dismiss (Dkt. 115 ) are GRANTED, and all claims with respect to these parties are DISMISSED WITH PREJUDICE, with each party to bear its own costs. Plaintiff's claims against Defendant Urban Outfitters, Inc., the only remaining defendant, remain pending at this time. Signed by District Judge Amos L. Mazzant, III on 4/10/2019. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

DYNAMIC APPLET TECHNOLOGIES,
LLC,
Plaintiff,
v.
MATTRESS FIRM, INC. and SLEEPY’S,
LLC,
Defendants.
DYNAMIC
LLC,

APPLET

TECHNOLOGIES,

Plaintiff,
v.
PETSMART, INC.,
Defendant.
DYNAMIC
LLC,

APPLET

TECHNOLOGIES,

Plaintiff,
v.
URBAN OUTFITTERS, INC,,
Defendant.

DYNAMIC
LLC,

APPLET

Plaintiff,
v.
HOLLISTER CO.,
Defendant.

TECHNOLOGIES,

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CIVIL ACTION NO. 4:17-CV-860-ALM-KPJ
(LEAD)

CIVIL ACTION NO. 4:17-CV-861-ALM-KPJ

CIVIL ACTION NO. 4:17-CV-862-ALM-KPJ

CIVIL ACTION NO. 4:17-CV-878-ALM-KPJ

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF 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 Magistrate Judge pursuant to 28 U.S.C. § 636. On March
21, 2019, the report of the Magistrate Judge (Dkt. #121) was entered containing proposed findings of
fact and recommendations that the following motions be granted and all claims and counterclaims with
respect to these parties be dismissed with prejudice:
1) Plaintiff Dynamic Applet Technologies, LLC (“Plaintiff”) and Defendant
PetSmart, Inc.’s (“PetSmart”) Joint Motion to Dismiss (the “PetSmart Motion to
Dismiss”) (Dkt. 105);
2) Plaintiff and Defendants Mattress Firm, Inc. and Sleepy’s, LLC’s (collectively,
“Mattress Firm”) Joint Motion to Dismiss (the “Mattress Firm Motion to
Dismiss”) (Dkt. 115); and
3) Plaintiff and Defendant Hollister Co.’s (“Hollister”) Joint Motion to Dismiss (the
“Hollister Motion to Dismiss”) (Dkt. 114).
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, the 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.
Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED that the PetSmart
Motion to Dismiss (Dkt. 105), the Hollister Motion to Dismiss (Dkt. 114), and the Mattress Firm Motion
.

to Dismiss (Dkt. 115) are GRANTED, and all claims with respect to these parties are DISMISSED
WITH PREJUDICE, with each party to bear its own costs. Plaintiff’s claims against Defendant Urban
Outfitters, Inc., the only remaining defendant, remain pending at this time.
IT IS SO ORDERED.
SIGNED this 10th day of April, 2019.

___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE
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