Opinion
CIVIL W-22-CV-00986-ADA
04-15-2024
AERITAS, LLC, Plaintiff, v. OFFICE DEPOT, LLC, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
ALAND ALBRIGHT UNITED STATES DISTRICT JUDGE
Before the Court is the Report and Recommendation of United States Magistrate Judge Derek T. Gilliland. ECF No. 38. The report recommends Defendant's Motion to Dismiss, ECF No. 14, be DENIED WITHOUT PREJUDICE. The report and recommendation was filed on March 28, 2024.
A party may file specific, written objections to the proposed findings and recommendations of the magistrate judge within fourteen days after being served with a copy of the report and recommendation, thereby securing de novo review by the district court. 28 U.S.C. § 636(b); Fed.R.Civ.P. 72(b). As of today, neither party has filed objections.
When no objections are timely filed, a district court reviews the magistrate judge's report and recommendation for clear error. See Fed.R.Civ.P. 72 advisory committee's note (“When no timely objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”). The Court has reviewed the report and recommendation and finds no clear error.
IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Gilliland, ECF No. 38, is ADOPTED.
IT IS FURTHER ORDERED that Defendant Office Depot, LLC's Motion, ECF No. 14, is DENIED WITHOUT PREJUDICE to re-raising patent eligibility at the summary judgment stage.