EYEVAC, LLC v. STYLANCE INC et al

Filing 20

ORDER, the Court ORDERS that the Report and Recommendation of the United States Magistrate Judge, (Dkt. 19 ), is ADOPTED. Plaintiff's Motion for Default Judgment, (Dkt. 18 ), is GRANTED IN PART and DENIED IN PART. Plaintiff's Motion for Default Judgment, (Dkt. 18 ), is GRANTED as to its direct patent infringement claim. All other claims are DISMISSED. Signed by Judge Robert Pitman. (pg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
EYEVAC, LLC,
Plaintiff,
v.
VIP BARBER SUPPLY, INC.,
Defendant.

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1:22-CV-902-DII

ORDER
Before the Court is the report and recommendation from United States Magistrate Judge
Susan Hightower concerning Plaintiff’s Motion for Default Judgment, (Dkt. 18). (R. & R., Dkt. 19).
Pursuant to 28 U.S.C. § 636(b) and Rule 1(d) of Appendix C of the Local Rules of the United States
District Court for the Western District of Texas, Judge Hightower issued her report and
recommendation on April 10, 2024. (Id.). As of the date of this order, no party has filed objections
to the report and recommendation.
Pursuant to 28 U.S.C. § 636(b), a party may serve and file specific, written objections to a
magistrate judge’s proposed findings and recommendations within fourteen days after being served
with a copy of the report and recommendation and, in doing so, secure de novo review by the
district court. When no objections are timely filed, a district court can review the magistrate’s report
and recommendation for clear error. See Fed. R. Civ. P. 72 advisory committee’s note (“When no
timely objection is filed, the [district] court need only satisfy itself that there is no clear error on the
face of the record in order to accept the recommendation.”).
Because no party has filed timely objections, the Court reviews the report and
recommendation for clear error. Having done so and finding no clear error, the Court accepts and
adopts the report and recommendation as its own order.

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Accordingly, the Court ORDERS that the Report and Recommendation of the United
States Magistrate Judge, (Dkt. 19), is ADOPTED.
Plaintiff’s Motion for Default Judgment, (Dkt. 18), is GRANTED IN PART and
DENIED IN PART. Plaintiff’s Motion for Default Judgment, (Dkt. 18), is GRANTED as to its
direct patent infringement claim. All other claims are DISMISSED.
The Court will enter final judgment by separate order.
SIGNED on May 7, 2024.

ROBERT PITMAN
UNITED STATES DISTRICT JUDGE

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