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BEATSTARS, INC., PLAINTIFF, v. SPACE APE LIMITED AND JOHN DOE ENTITY, DEFENDANTS.
ORDER ON REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Before the court is the above styled and numbered action. The court referred Plaintiff BeatStars, Inc.'s Motion for Preliminary Injunction filed July 1, 2022 (Doc. #34), the related response (Doc. #41), and the reply (Doc. #41) to the United States Magistrate Judge for a report and recommendation. On August 9, 2022, the magistrate judge signed a Report and Recommendation of the United States Magistrate Judge recommending that the court deny BeatStars, Inc.'s motion. All parties received the report and recommendation on August 9, 2022.
A party may serve and file specific written objections to the proposed findings and recommendations of a magistrate judge within fourteen days after being served with a copy of the report and recommendation, thereby securing a de novo review by the district court. See 28 U.S.C. § 636(b); Fed. R. Civ. P. 72(b). Objections, if any, were due to be filed on or before August 23, 2022. To date no objections have been filed.
A party's failure to timely file written objections to the proposed findings, conclusions, and recommendations in a report and recommendation bars that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court. See Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415 (5th Cir. 1996) (en banc). The court, having reviewed the entire record, and the applicable law, and finding no plain error, will for substantially the reasons stated therein, accept and adopt the Report and Recommendation of the United States Magistrate Judge signed August 9, 2022.
IT IS ORDERED that for substantially the reasons stated therein, the Report and Recommendation of the United States Magistrate Judge signed August 9, 2022 (Doc. #45) is hereby ACCEPTED AND ADOPTED.
IT IS FURTHER ORDERED that Plaintiff BeatStars, Inc.'s Motion for Preliminary Injunction filed July 1, 2022 (Doc. #34) is DENIED.
SIGNED this 26th day of August, 2022.
LEE YEAKEL UNITED STATES DISTRICT JUDGE
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Docket No: CAUSE NO. A-21-CV-000905-LY
Decided: August 26, 2022
Court: United States District Court, W.D. Texas, Austin Division.
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