Net Navigation Systems, LLC v. Cisco Systems, Inc. et al, No. 4:11-cv-00660 (E.D. Tex. Mar. 27, 2013)

Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On August 22, 2012, the report of the Magistrate Judge was entered regarding proposed findings of fact and recommendations that Defendants’ Motion to Dismiss or, In the Alternative, Sever and Stay the Proceedings Against AT&T Inc. (Dkt. 31) be granted in part and denied in part (Dkt. 94). The court has made a de novo review of the objections raised by Defendants (see Dkt. 105) and Plaintiff’s response (see Dkts. 114, 115) and is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections are without merit as to the ultimate findings of the Magistrate Judge. The court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of this court. Therefore, it is ORDERED that Defendants’ Motion to Dismiss or, In the Alternative, Sever and Stay the Proceedings Against AT&T Inc. (Dkt. 31) is GRANTED IN PART and DENIED IN PART, and the objections of Defendant are OVERRULED. It is further ORDERED that Defendant AT&T Inc. is SEVERED from the present action.

2It is further ORDERED that within ten (10) days of the issuance of this order, Plaintiff must pay the filing fee for the severed case against AT&T Inc. to avoid having the severed cause of action dismissed with prejudice. IT IS SO ORDERED.