Filed: Jan. 31, 2012
Latest Update: Jan. 31, 2012
Summary: ORDER JOHN ANTOON, II, District Judge. This case is before the Court on Defendant's Motion to Dismiss Amended Complaint (Doc. No. 32) filed September 12, 2011. The United States Magistrate Judge has submitted a report recommending that the motion be granted. After an independent de novo review of the record in this matter, and consideration of the Objection filed by Plaintiff to the Report and Recommendation (Doc. No. 44), and Defendant's response thereto (Doc. No. 49), the Objection is ove
Summary: ORDER JOHN ANTOON, II, District Judge. This case is before the Court on Defendant's Motion to Dismiss Amended Complaint (Doc. No. 32) filed September 12, 2011. The United States Magistrate Judge has submitted a report recommending that the motion be granted. After an independent de novo review of the record in this matter, and consideration of the Objection filed by Plaintiff to the Report and Recommendation (Doc. No. 44), and Defendant's response thereto (Doc. No. 49), the Objection is over..
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ORDER
JOHN ANTOON, II, District Judge.
This case is before the Court on Defendant's Motion to Dismiss Amended Complaint (Doc. No. 32) filed September 12, 2011. The United States Magistrate Judge has submitted a report recommending that the motion be granted.
After an independent de novo review of the record in this matter, and consideration of the Objection filed by Plaintiff to the Report and Recommendation (Doc. No. 44), and Defendant's response thereto (Doc. No. 49), the Objection is overruled. The Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:
1. That the Report and Recommendation filed December 21, 2011 (Doc. No. 43) is ADOPTED and CONFIRMED and made a part of this Order.
2. Defendant's Motion to Dismiss Amended Complaint (Doc. No. 32) is GRANTED.
3. Plaintiff's Amended Complaint is DISMISSED without prejudice. Plaintiff is granted leave to file a second amended complaint that complies with the directives set forth in the Report and Recommendation (Doc. No. 43, p. 8-9). The second amended complaint must be filed within fourteen (14) days from the date of this Order.
4. Defendant has filed a motion to extend the Case Management Scheduling Order deadlines (Doc. No. 49). This case is not yet at issue and the final original deadlines are approaching. The Motion being unopposed, it is GRANTED. The following deadlines are extended:
Plaintiff Expert Disclosure: May 1, 2012
Defendant Expert Disclosure: June 1, 2012
Discovery: July 2, 2012
Dispositive, Markman, and Daubert Mtns: August 1, 2012
Meeting in Person re: Pretrial Statement: November 26, 2012
Joint Final Pretrial Statement, Trial Briefs: December 7, 2012
Motions in Limine: November 2, 2012
Trial Term Begins: January 2, 2013.
DONE and ORDERED.
