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PREFERENTIAL NETWORKS IP, LLC v. AT&T INC., 2:16-cv-01374-JRG-RSP. (2017)

Court: District Court, E.D. Texas Number: infdco20170901h58 Visitors: 10
Filed: Aug. 31, 2017
Latest Update: Aug. 31, 2017
Summary: ORDER RODNEY GILSTRAP , District Judge . The above entitled and numbered civil action was referred to United States Magistrate Judge Roy S. Payne pursuant to 28 U.S.C. 636. Now before the Court is the Report and Recommendation (Dkt. No. 44) by Magistrate Judge Payne, which recommends that Defendants' Motion to Dismiss Under Fed. R. Civ. P. 12(B)(6) (Dkt. No. 19) be granted in part. Defendants objected to the Report (Dkt. No. 45) and Preferential Networks responded (Dkt. No. 46). Having
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ORDER

The above entitled and numbered civil action was referred to United States Magistrate Judge Roy S. Payne pursuant to 28 U.S.C. § 636. Now before the Court is the Report and Recommendation (Dkt. No. 44) by Magistrate Judge Payne, which recommends that Defendants' Motion to Dismiss Under Fed. R. Civ. P. 12(B)(6) (Dkt. No. 19) be granted in part. Defendants objected to the Report (Dkt. No. 45) and Preferential Networks responded (Dkt. No. 46).

Having considered the Report and Recommendation, Defendants' objections, and Preferential Networks's response, IT IS ORDERED that Magistrate Judge Payne's Report and Recommendation (Dkt. No. 44) is hereby ADOPTED and Defendants' objections (Dkt. No. 45) are OVERRULED. Defendants' Motion (Dkt. No. 19) is therefore GRANTED IN PART. The Court GRANTS Defendants' Motion as to Preferential Networks's allegations of precomplaint willfulness, but DENIES the motion in all other respects.

Source:  Leagle

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