IN THE UNITED STATES DISTRICT COURT
OF THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
ICON HEALTH & FITNESS, INC., § a Delaware Corporation §
Plaintiff § §
V. § No. 5:08CV26 § HORIZON FITNESS, INC. et al.., §
Defendants §
ORDER
Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for Assignment of Duties to United States Magistrate Judges, Plaintiff ICON Health & Fitness, Inc.’s Motion to Dismiss Count III, Count IV, Count VIII, and Count X from True Fitness Technology, In c.’s Amended Answer to First Amended Complaint for Patent Infringement and Counterclaim (Docket Entry # 165), dated May 7, 2009, was referred to the undersigned for the purpose of preparing a report and recommendation. On May 11, 2009, Defendant True Fitness Technology, Inc. filed an Amended Answer to Plaintiff’s First Amended Complaint (Docket Entry # 168). On May 18, Plaintiff filed an amended Motion to Dismiss Count III, Count IV, Count VIII, and Count X from True Fitness Technology, In c.’s Amended Answer to First Amended Complaint for Patent Infringement and Counterclaim (Docket Entry # 171). Based on the filing of Plaintiffs’ amended motion, the Court is of the opinion the original motion to dismiss should be DENIED AS MOOT. Accordingly, it is
ORDERED that Plaintiff ICON Health & Fitness, Inc.’s Motion to Dismiss Count III, Count IV, Count VIII, and Count X from True Fitness Technology, In c.’s Amended Answer to First2 Amended Complaint for Patent Infringement and Counterclaim (Docket Entry # 165) is hereby DENIED AS MOOT.