Opinion
3:19-cv-2025-K-BN
08-28-2023
JIM S. ADLER, P.C. and JIM ADLER, Plaintiffs, v. MCNEIL CONSULTANTS, LLC d/b/a ACCIDENT INJURY LEGAL CENTER, QUINTESSA MARKETING, LLC d/b/a ACCIDENT INJURY LEGAL CENTER, and LAUREN VON MCNEIL, Defendants.
FILED UNDER SEAL
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
ED KINKEADE, UNITED STATES DISTRICT JUDGE
After making an independent review of the pleadings, files and records in this case, and the Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated July 27, 2023 on Defendants' Motion for Partial Summary Judgment [Dtk. No. 101], and after considering Plaintiffs' Objections filed on August 10, 2023 [Dtk. No. 185] and making a de novo review of those portions of the proposed Findings, Conclusions, and Recommendation to which objections were made, the objections are OVERRULED. The Court finds that the Findings, Conclusions, and Recommendation of the Magistrate Judge are correct and they are accepted as the Findings, Conclusions, and Recommendation of the Court.
IT IS, THEREFORE, ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge are accepted.
Defendants' Motion for Partial Summary Judgment on Plaintiff's Claims for Dilution, Misappropriation, Tortious Interference, and Request for Disgorgement [Dkt. No. 101] is GRANTED in part and - only as to Adler's request for disgorgement for its claim of trademark infringement under the Lanham Act - DENIED in part.
SO ORDERED.