IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
§
ALPHA MODUS CORP.,
§
Plaintiff, §
§ CASE NO. 2:25-CV-00923-JRG-RSP
v.
§ (Lead Case)
THE KROGER CO., §
§
Defendant.
§
ORDER
Defendant The Kroger Co. filed a Motion to Dismiss Plaintiff’s Amended Complaint Under Fed. R. Civ. P. 12(b)(6) or, in the Alternative, for a More Definite Statement Under Fed. R. Civ. P. 12(e). (Dkt. No. 37.) Magistrate Judge Payne recommended the Court deny the motion. (R. & R., Dkt. No. 54.) Defendant has filed Objections. (Dkt. No. 58.) .
After conducting a de novo review of the briefing on the Motion to Dismiss, the Report and Recommendation, and Defendant’s Objections, the Court agrees with the reasoning provided within the Report and Recommendation and concludes the Objections fail to show the Report and Recommendation was erroneous. Consequently, the Court OVERRULES Defendant’s Objections, ADOPTS the Report and Recommendation, and DENIES the Motion to Dismiss (Dkt. No. 37).
So ORDERED and SIGNED this 29th day of September, 2026.