ORDER ADOPTING REPORT AND RECOMMENDATIONS re 35 Report and Recommendations for 26 Motion to Dismiss/Lack of Jurisdiction, filed by Frito-Lay, Inc., Pepsi-Cola Company, and denying 26 Motion to Dismiss
v. § Case No. 6:12-cv-00956-JRG-RSP § PEPSI-COLA COMPANY, and FRITOLAY, § INC., § §
Defendants. §
ORDER
Before the Court are Defendants’ Objections and Appeal of Magistrate’s Report and Recommendation (Dkt. No. 36, filed September 23, 2015.) The Magistrate Judge’s Report recommended that Defendants’ Rule 12(b)(1) Motion to Dismiss Based on Lack of Jurisdiction be denied. (Dkt. No. 26.)
After reviewing the objected to portions of the Report and Recommendation de novo, the Court finds that the Report and Recommendation should be ADOPTED. Accordingly, Defendants’ Rule 12(b)(1) Motion to Dismiss Based on Lack of Jurisdiction (Dkt. No. 26) is hereby DENIED.
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Marshall Feature Recognition, LLC v. Pepsi-Cola Company et al, No. 6:12-cv-00956 (E.D. Tex. Sept. 28, 2015).
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