Wavetronix LLC v. Iteris, Inc.

Full title: WAVETRONIX LLC, Plaintiff, v. ITERIS, INC., Defendant.

Court: United States District Court, W.D. Texas, Austin Division

Date published: Jul 15, 2024

Civil A-24-CV-00190-ADA (W.D. Tex. Jul. 15, 2024)

Opinion

Civil A-24-CV-00190-ADA

07-15-2024

WAVETRONIX LLC, Plaintiff, v. ITERIS, INC., Defendant.

ALAN D. ALBRIGHT, UNITED STATES DISTRICT JUDGE.

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

ALAN D. ALBRIGHT, UNITED STATES DISTRICT JUDGE.

Before the Court is the Report and Recommendation of United States Magistrate Judge Derek T. Gilliland. ECF No. 290. The report recommends Plaintiff's Amended Motion for Summary Judgment (ECF No. 185) be DENIED, and Plaintiff's original summary judgment motion (ECF No. 65) be DENIED AS MOOT. The report and recommendation was filed on June 17, 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). A district court need not consider “[f]rivolous, conclusive, or general objections.” Battle v. U.S. Parole Comm'n, 834 F.2d 419, 421 (5th Cir. 1987) (quoting Nettles v. Wainwright, 677 F.2d 404, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United States Auto. Ass'n, 79 F.3d 1415 (5th Cir. 1996)).

Defendant filed objections on July 3, 2024. ECF No. 28. The Court has conducted a de novo review of the motion to dismiss, the responses, the report and recommendation, the objec- tion to the report and recommendation, and the applicable laws. After that thorough review, the Court is persuaded that the Magistrate Judge's findings and recommendation should be adopted.

IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Derek T. Gilliland, ECF No. 290, is ADOPTED.

IT IS FURTHER ORDERED that Defendant's objections are OVERRULED.

IT IS FURTHER ORDERED that Plaintiff's Amended Motion for Summary Judgment, ECF No. 185, is DENIED in accordance with the Report and Recommendation.

IT IS FINALLY ORDERED that Plaintiff's original summary judgment motion, ECF No. 65, is DENIED AS MOOT.in accordance with the Report and Recommendation.