Opinion
Civil Action 1:21-cv-556
09-13-2021
COMFORT WHEELS, INC. Plaintiff, v. SHENZHEN MIRUISI TECHNOLOGY, CO. LTD., Defendant.
ORDER
T. S. Ellis, III, United Slates District Judge
On August 20, 2021, United States Magistrate Judge John F. Anderson entered Proposed Findings of Fact and Recommendations (the "Report") in this case, recommending that default judgment be entered in favor of Plaintiff Comfort Wheels, Inc. and against Defendant Shenzhen Miruisi Technology Co. Ltd.
Upon consideration of the record and Judge Anderson's Report, to which no objections have been filed, and having found no clear error,
See Diamond v. Colonial Life & Acc. Ins. Co., 416 F .3d 310, 315 (4th Cir. 2005) (in the absence of any objections to a magistrate's report, the court "need not conduct a de nova review, but instead must 'only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.'").
The Court ADOPTS, as its own, the findings of fact and recommendations of the United States Magistrate Judge, as set forth in the Report (Dkt. 17).
Accordingly, It is hereby ORDERED that plaintiffs motion for default judgment (Dkt. 13) with respect to Count I is GRANTED.
It is further ORDERED that DEFAULT JUDGMENT be entered in favor of Plaintiff and against Defendant on Count I. It is DECLARED that Defendant's D892, 010 design patent is INVALTD for failure to comply with 35 U.S.C. § 102(a)(1).
It is further ORDERED that Counts II, III, and IV of the complaint are dismissed without prejudice.
The Clerk of the Court is directed to enter Rule 58 judgment against Defendant and in favor of Plaintiff.
The Clerk is further directed to provide a copy of this Order to all counsel of record, to Defendant's last known addresses of record, and to place this matter among the ended causes.