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AlmondNet v. Adobe — Court adopted the magistrate judge’s recommendation and denied Adobe’s motion to dismiss

Reported / Citable

Case
Datonics LLC and AlmondNet, Inc. v. Adobe Inc.
Court
U.S. District Court — Western District of Texas
Judge
DAVID COUNTS
Date Decided
July 28, 2026
Docket No.
7:25-cv-00180
Topics
Motion to Dismiss; Magistrate Judge; Report and Recommendation

Background

Datonics LLC and AlmondNet, Inc. brought this action against Adobe Inc. in the Western District of Texas. Adobe filed a motion to dismiss.

Magistrate Judge Derek T. Gilliland issued an amended report and recommendation concerning Adobe’s motion on June 5, 2026. No party filed an objection to the magistrate judge’s proposed findings and recommendation within the applicable period.

The Court’s Holding

Because no timely objections were filed, the district court reviewed the amended report and recommendation for clear error rather than conducting de novo review.

The court found no clear error, adopted the amended report and recommendation, and denied Adobe’s motion to dismiss. The two-page order did not separately describe the motion’s substantive grounds or the magistrate judge’s reasoning.

Key Takeaways

  • Adobe’s motion to dismiss was denied.
  • No party objected to the amended report and recommendation, so the district court applied clear-error review.
  • The court adopted the magistrate judge’s recommendation after finding no clear error.

Why It Matters

The ruling allows Datonics and AlmondNet’s action against Adobe to proceed past the challenged motion to dismiss. It also illustrates the procedural consequence of failing to object to a magistrate judge’s recommendation: the district court reviewed only for clear error.

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