Opinion
Case No. 2:15-cv-1274-JRG-RSP [Lead Case] Case No. 2:15-cv-1278-JRG-RSP [Member Case]
09-12-2016
BLITZSAFE TEXAS, LLC, Plaintiff, v. VOLKSWAGEN GROUP OF AMERICA, INC. & VOLKSWAGEN GROUP OF AMERICA CHATTANOOGA OPERATIONS, LLC., Defendants.
ORDER
The Magistrate Judge's Report recommended that Defendants Volkswagen Group of America, Inc. and Volkswagen Group of America Chattanooga Operations, LLC's Motion to Dismiss Plaintiff Blitzsafe Texas, LLC's First Amended Complaint for Failure to State a Claim. (Dkt. No. 24 (2:15-cv-1278)) be DENIED. The Magistrate Judge's Report found that the complaint stated a plausible claim for relief under the standards set forth by the Supreme Court in Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007) and Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
Defendants have not objected to the Magistrate Judge's Report. The Court further finds there is no clear error in the Report. See Fed. R. Civ. P. 72(b) advisory committee's note to 1983 addition ("When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." (citing Campbell v. United States Dist. Court, 501 F.2d 196, 206 (9th Cir. 1974)). Accordingly, the Court ADOPTS the Magistrate Judge's Report and Recommendation (Dkt. No. 135 (2:15-cv-1274); Dkt. No. 27 (2:15-cv-1278)) and finds Defendants Motion to Dismiss Plaintiff's First Amended Complaint for Failure to State a Claim (Dkt. No. 24 (2:15-cv-1278)) is DENIED.
So Ordered this
Sep 12, 2016
/s/_________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE