IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION §
CLO VIRTUAL FASHION INC., §
Plaintiff, §
§
v.
§ CASE NO. 2:23-CV-00274-JRG-RSP ZHEJIANG LINGDI DIGITAL
§
TECHNOLOGY CO., LTD. (D/B/A
§
LINCTEX),
§
Defendant. §
ORDER
Defendant Linctex previously filed a Motion for Summary Judgment on Monetary Damages (Dkt. No. 102.) Magistrate Judge Payne entered a Report and Recommendation (Dkt. No. 232), recommending grant of Linctex’s Motion for Summary Judgment on Monetary Damages with respect to Plaintiff’s valuation-based approach for calculating damages, and otherwise denying the Motion. Linctex has now filed Objections (Dkt. No. 248), with Plaintiff CLO Virtual Fashion Inc. filing a Response (Dkt. No. 260.)
After conducting a de novo review of the briefing on the Motion for Summary Judgment on Monetary Damages, the Report and Recommendation, and the briefing on Linctex’s Objections, the Court agrees with the reasoning provided within the Report and Recommendation and concludes that the Objections fail to show that the Report and Recommendation was erroneous. Consequently, the Court OVERRULES Linctex’s Objections and ADOPTS the Report and Recommendation and orders that the Motion for Summary Judgment on Monetary Damages (Dkt. No. 102) is GRANTED that Plaintiff may not maintain its valuation-based approach for calculating damages, but that the Motion is otherwise DENIED.
2.
So ORDERED and SIGNED this 15th day of July, 2025.