Lowe v. Eltan, B.V. et al

Filing 250

ORDER ADOPTING 249 REPORT AND RECOMMENDATIONS ON CERTAIN DEFENDANTS' MOTION TO DISMISS. Signed by Judge Ron Clark on 3/25/14. (ljw, )

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THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION JANIS LOWE et al, Plaintiffs, v. ELTAN B.V. et al, Defendants. § § § § § § § § § § Civil Action No. 9:05CV38 ORDER ADOPTING REPORT AND RECOMMENDATION ON CERTAIN DEFENDANTS’ MOTION TO DISMISS .Plaintiffs Janis Lowe et al filed this shareholder suit against Defendants Eltan B.V. et al. The case was referred to United States Magistrate Judge Keith F. Giblin for determination of nondispositive pretrial matters pursuant to 28 U.S.C. § 636. On March 6, 2014, Judge Giblin entered a Report and Recommendation recommending that Defendants Genssler Investment Partnership LLP and Technology Investors Trust’s motion to dismiss be granted under Federal Rule of Civil Procedure 12(b)(6) as barred by the statute of limitations or, in the alternative, for failure to state a claim upon which relief may be granted. Doc. # 249. No objections have been filed to this Report and Recommendation. Therefore, the objections period having run and no party having filed objections, the court ADOPTS the magistrate judge’s Report and Recommendation [Doc. # 249] and GRANTS Defendants Gennsler Investment Partnership LLP and Technology Investors Trust’s Motion to Dismiss [Doc. # 231]. Plaintiffs Janice Lowe et al’s claims against these two Defendants only are DISMISSED. So ORDERED and SIGNED this 25 day of March, 2014. ___________________________________ Ron Clark, United States District Judge

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