Dynamic Applet Technologies, LLC v. Hollister Co., No. 4:17-cv-00878 (E.D. Tex. Sept. 18, 2018)

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.

OF UNITED STATES MAGISTRATE JUDGE Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. On August 29, 2018, the report of the Magistrate Judge (the “Report”) (Dkt. # 53) was entered, containing proposed findings of fact and recommendations that the following motions be denied: 1) Defendants Mattress Firm, Inc. and Sleepy’s, LLC’s (collectively, “Mattress Firm Defendants”) Rule 12(b)(6) Motion to Dismiss (Case No.