Productivity-Quality Systems, Inc. v. Cybermetrics Corporation, No. 3:2017cv00369 - Document 26 (S.D. Ohio 2018)

Court Description: DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 25 ); OVERRULING DEFENDANT'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6) OR, ALTERNATIVELY, TO DISMISS OR TRANSFER PURSUANT TO FED. R. CIV. P. 12(b)(3) AND 28 U.S.C. § 1406 (DOC. # 12 ); OVERRULING AS MOOT DEFENDANT'S MOTION TO STAY DISCOVERY (DOC. # 21 ). Signed by Judge Walter H. Rice on 5/15/18. (pb)

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Productivity-Quality Systems, Inc. v. Cybermetrics Corporation Doc. 26 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION PRODUCTIVITY-QUALITY SYSTEMS, INC., Plaintiff, v. Case No. 3 : 17-cv-369 JUDGE WALTER H. RICE CYBERMETRICS CORPORATION, Defendant. DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC . #25); OVERRULING DEFENDANT'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6) OR, ALTERNATIVELY, TO DISMISS OR TRANSFER PURSUANT TO FED. R. CIV. P. 12(b)(3) AND 28 U.S.C. § 1406 (DOC. #12); OVERRULING AS MOOT DEFENDANT' S MOTION TO STAY DISCOVERY (DOC. #21) Plaintiff, Productivity-Quality Systems, Inc., filed suit against Cybermetrics Corporation ("Cybermetrics") , alleging copyright infringement, misappropriation of trade secrets, and tortious interference with a contract. Doc. # 1. Cybermetrics filed a Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) or, Alternatively, to Dismiss or Transfer Pursuant to Fed. R. Civ. P. 12(b)(3) and 28 U.S.C. § 1406. Doc. #12. Cybermetrics also filed a Motion to Stay Discovery, Doc. #21 , pending resolution of the Motion to Dismiss. Doc. #21. On April 30, 2018, United States Magistrate Judge Sharon L. Ovington issued a very thorough Report and Recommendations, Doc. #25, recommending Dockets.Justia.com that the Court overrule the Motion to Dismiss, and overrule as moot the Motion to Stay Discovery . Although the parties were notified of their right to file Objections to the Report and Recommendations, and of the consequences of failing to do so, no Objections have been filed within the time allotted. Based on the reasoning and citations of authority set forth by Magistrate Judge Ovington in her Report and Recommendations, Doc. #25, as well as upon a thorough de novo review of the Court's file and the applicable law, the Court ADOPTS said judicial filing in its entirety. Cybermetrics' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) or, Alternatively, to Dismiss or Transfer Pursuant to Fed . R. Civ. P. 12(b)(3) and 28 U.S.C. § 1406, Doc. #12, is OVERRULED. Cybermetrics' motion to Stay Discovery, Doc. #21, is OVERRULED AS MOOT. Date: May 15, 2018 WALTER H. RICE UNITED STATES DISTRICT JUDGE 2

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