Filed: Mar. 11, 2020
Latest Update: Mar. 11, 2020
Summary: ORDER ADOPTING MEMORANDUM AND RECOMMENDATION CHARLES ESKRIDGE , District Judge . Before the Court is the Memorandum and Recommendation signed by the Magistrate Judge on February 13, 2020. Dkt 78. She there resolved Plaintiff Ringers Technologies LLC's partial motion to dismiss Defendant George Harmer's third amended counterclaims and to strike the third affirmative defense. Dkt 38. The Court received no objection. And so, the Court need only satisfy itself that there is no clear error on t
Summary: ORDER ADOPTING MEMORANDUM AND RECOMMENDATION CHARLES ESKRIDGE , District Judge . Before the Court is the Memorandum and Recommendation signed by the Magistrate Judge on February 13, 2020. Dkt 78. She there resolved Plaintiff Ringers Technologies LLC's partial motion to dismiss Defendant George Harmer's third amended counterclaims and to strike the third affirmative defense. Dkt 38. The Court received no objection. And so, the Court need only satisfy itself that there is no clear error on th..
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ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
CHARLES ESKRIDGE, District Judge.
Before the Court is the Memorandum and Recommendation signed by the Magistrate Judge on February 13, 2020. Dkt 78. She there resolved Plaintiff Ringers Technologies LLC's partial motion to dismiss Defendant George Harmer's third amended counterclaims and to strike the third affirmative defense. Dkt 38.
The Court received no objection. And so, the Court need only satisfy itself that there is no clear error on the face of the record in order to accept the Memorandum and Recommendation. See Guillory v PPG Industries Inc, 434 F.3d 303, 308 (5th Cir 2005), citing Douglass v United Services Automobile Association, 79 F.3d 1415, 1420 (5th Cir 1996); see also FRCP 72(b) Advisory Comm Note (1983).
The Court has reviewed the pleadings, the record, and the applicable law. No clear error appears.
The Court ADOPTS the Memorandum and Recommendation as this Court's Memorandum and Order.
The Court GRANTS IN PART and DENIES AS MOOT IN PART Ringers' motion for partial dismissal. Dkt 38.
The motion with respect to counterclaim counts XIII, XIV, XV, and XVI is MOOT.
The Court DISMISSES counterclaim counts XVII and XVIII.
The Court STRIKES Ringers' affirmative defense of invalidity.
SO ORDERED.
