IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
PERSONAL AUDIO, LLC §
§ v. § § LOTZI DIGITAL, INC. and A §
Case No. 2:13-CV-14-JRG-RSP
PARNERSHIP CONSISTING OF ADAM §
CAROLLA, DONNY MISRAJE, KATHEE §
SCHNEIDER-MISRAJE,SANDY GANZ §
AND DOES 1-10, INCLUSIVE dba “ACE § BROADCASTING” and/or “CAROLLA § DIGITAL” §
ORDER
Currently before the Court is the Report and Recommendation filed by Magistrate Judge Payne on March 3, 2014 (Dkt. No. 41) regarding Plaintiff Personal Audio’s Motion to Dismiss Defendant Lotzi Digital, Inc.’s (“LDI”) affirmative defenses and counterclaims for failure to state a claim upon which relief can be granted (Dkt. 14, filed August 5, 2013, referred to herein as the “Motion”). No objections having been filed and for the reasons set forth in the Court’s Report and Recommendation, the Recommendation is adopted. Accordingly,
IT IS ORDERED that Personal Audio’s Motion to Dismiss Defendant LDI’s affirmative defenses and counterclaims for failure to state a claim upon which relief can be granted (Dkt. 14) is DENIED.