Opinion
3:21-CV-00409
12-08-2021
XIAMEN BABY PRETTY PRODUCTS CO., LTD. v. TALBOTS PHARMACEUTICALS FAMILY PRODUCTS, LLC
KAYLA MCCLUSKY MAG. JUDGE
JUDGMENT
TERRY A. DOUGHTY United States District JUDGE
The Report and Recommendation of the Magistrate Judge having been considered, together with the written objections thereto filed with this Court, and, after a de novo review of the record, finding that the Magistrate Judge's Report and Recommendation is supported by the law and the record in this matter, IT IS ORDERED, ADJUDGED, AND DECREED that the Report and Recommendation is ADOPTED IN PART. Defendant's Motion to Dismiss [Doc. No. 25] is GRANTED IN PART and DENIED IN PART. To the extent Defendant moves to dismiss Counts Three and Four, the Motion is GRANTED, and Counts Three and Four are DISMISSED WITH PREJUDICE. To the extent Defendant moves to dismiss Counts Two and Five, the Motion is DENIED. If Defendant contends that the First Amended Complaint [Doc. No. 67] fails to state a claim upon which relief can be granted as to Count Two, Defendant may file a second motion.