Realtime Data LLC v. Riverbed Technology, Inc.

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 27 Sealed Motion to Dismiss, filed by Riverbed Technology, Inc. The Court ADOPTS the Report and Recommendation of the United States Magistrate Judge as the findings and conclusions of this Court. Riverbed's Motion (Docket No. 27) is GRANTED. Realtime's complaint against Riverbed is hereby DISMISSED WITHOUT PREJUDICE. Signed by Judge Robert W. Schroeder, III on 10/17/17. (mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION REALTIME DATA LLC, Plaintiff, § § § CIVIL ACTION NO. 6:17-CV-00198 § v. § § RIVERBED TECHNOLOGY, INC., § § Defendant. § § § ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE The above entitled and numbered civil action was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. § 636. The Report and Recommendation of the Magistrate Judge (Docket No. 37) recommending granting Riverbed Technology, Inc.’s (“Riverbed”) Motion to Dismiss Realtime Data LLC’s (“Realtime”) Complaint for Improper Venue (Docket No. 27) has been presented for consideration. No objections to the Report and Recommendation were filed during the prescribed objection period. The Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct. Venue is not proper in this District. Therefore, the Court ADOPTS the Report and Recommendation of the United States Magistrate Judge as the findings and conclusions of this Court. Riverbed’s Motion (Docket No. 27) is GRANTED. Realtime’s complaint against Riverbed is hereby DISMISSED WITHOUT PREJUDICE. SIGNED this 17th day of October, 2017. ____________________________________ ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE

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