Opinion
CASE NO. 9:19-CV-232-RC-ZJH
01-13-2021
SANDOZ INC., Plaintiff, v. M & S PHARMACY, INC., DAVID G. BRADLEY, GARTH A. HINZE, DAVID R. HUMPHRIES, and BEN EUGENE JACOB, Defendants.
**NOT FOR PRINTED PUBLICATION** ORDER ACCEPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
The court referred this case to the Honorable Zack Hawthorn, United States Magistrate Judge, for all pretrial matters. On December 21, 2020, Judge Hawthorn issued a Report and Recommendation (Doc. #47) denying Defendants' Motion to Dismiss Amended Complaint for Failure to State a Claim (Doc. #39). To date, the parties have not filed objections to the report and recommendation and the time for doing so has passed.
After a de novo review, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the court agrees with Judge Hawthorn's recommended disposition and ACCEPTS the Report and Recommendation (Doc. #47). Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint (Doc. #39) is DENIED.
So ORDERED and SIGNED, Jan 13, 2021.
/s/_________
Ron Clark
Senior Judge