CXT Systems, Inc. v. Academy, Ltd., d/b/a Academy Sports + Outdoors, No. 2:18-cv-00171 (E.D. Tex. Apr. 23, 2019)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

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. 124) by Magistrate Judge Payne, which denies Defendant J.C. Penney Company, Inc.’s first motion to dismiss (Dkt No. 58) as moot in light of Plaintiff CXT Systems, Inc.’s First Amended Complaint, and recommends that J.C. Penney’s second motion to dismiss (Dkt. No. 73) be denied. In its second motion to dismiss, J.C.