Reported / Citable
Background
Cellspin Soft, Inc. brought an action against SZ DJI Technology Co., Ltd. and DJI Europe B.V. in the Eastern District of Texas. The defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(6).
Magistrate Judge Payne issued a report and recommendation advising that the motion be denied. The defendants filed objections to that recommendation.
The Court’s Holding
After conducting a de novo review of the motion-to-dismiss briefing, the report and recommendation, and the defendants’ objections, the district court agreed with the report’s reasoning.
The court concluded that the objections did not show that the report and recommendation was erroneous. It therefore overruled the objections, adopted the report and recommendation, and denied the defendants’ Rule 12(b)(6) motion.
Key Takeaways
- The defendants’ Rule 12(b)(6) motion to dismiss was denied.
- The court reviewed the relevant materials de novo before adopting Magistrate Judge Payne’s recommendation.
- The order does not describe the defendants’ dismissal arguments or provide substantive analysis beyond adopting the report and recommendation.
Why It Matters
The ruling allows Cellspin Soft’s case against the DJI defendants to proceed beyond the pleading-stage challenge presented in the motion. Because the order relies on the separately filed report and recommendation, that report contains the underlying reasoning not reproduced in this one-page order.