Marshall Feature Recognition, LLC v. Pepsi-Cola Company et al

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 35 Report and Recommendations for 26 Motion to Dismiss/Lack of Jurisdiction, filed by Frito-Lay, Inc., Pepsi-Cola Company, and denying 26 Motion to Dismiss. Signed by Judge Rodney Gilstrap on 9/27/15. (mjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
MARSHALL FEATURE RECOGNITION,
LLC,

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Plaintiff,
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v.
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PEPSI-COLA COMPANY, and FRITOLAY, §
INC.,
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Defendants.
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Case No. 6:12-cv-00956-JRG-RSP

ORDER
Before the Court are Defendants’ Objections and Appeal of Magistrate’s Report and
Recommendation (Dkt. No. 36, filed September 23, 2015.) The Magistrate Judge’s Report
recommended that Defendants’ Rule 12(b)(1) Motion to Dismiss Based on Lack of Jurisdiction
be denied. (Dkt. No. 26.)
After reviewing the objected to portions of the Report and Recommendation de novo, the
Court finds that the Report and Recommendation should be ADOPTED. Accordingly,
Defendants’ Rule 12(b)(1) Motion to Dismiss Based on Lack of Jurisdiction (Dkt. No. 26) is
hereby DENIED.
So Ordered and Signed on this

Sep 27, 2015