Hunan Sokan New Materials Co., Ltd. v. Dell Technologies Inc.

Filing 16

ORDER ADOPTING 15 Report and Recommendations.. Signed by Judge Robert Pitman. (dm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
IN RE EX PARTE APPLICATION OF
HUNAN SOKAN NEW MATERIALS CO.,
LTD.’s REQUEST FOR DISCOVERY
PURSUANT TO 28 U.S.C. § 1782.

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1:23-MC-1445-DII

ORDER
Before the Court is the report and recommendation from United States Magistrate Judge
Susan Hightower concerning Star Wish Enterprises Ltd.’s (“Star Wish”) Motion to Intervene and
for Reconsideration of Hunan Sokan New Materials Co., Ltd.’s (“Sokan”) Application for Discovery
Pursuant to 28 U.S.C. § 1782, (Dkt. 4). (R. & R., Dkt. 15). 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 August 2, 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.
Accordingly, the Court ORDERS that the Report and Recommendation of the United
States Magistrate Judge, (Dkt. 15), is ADOPTED.
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IT IS FURTHER ORDERED that Star Wish’s motion to intervene and for
reconsideration, (Dkt. 4), is GRANTED.
IT IS FURTHER ORDERED that the Court’s previous Order Granting Sokan’s
Application for Discovery Pursuant to 28 U.S.C. § 1782, (Dkt. 2), is VACATED.
IT IS FURTHER ORDERED that Sokan’s Application for Discovery Pursuant to 28
U.S.C. § 1782, (Dkt. 1), is DENIED.
IT IS FINALLY ORDERED that this case is CLOSED.
SIGNED on August 27, 2024.

ROBERT PITMAN
UNITED STATES DISTRICT JUDGE

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