Hi-Tech Pharmaceuticals Inc v. USPLabs LLC et al, No. 3:2019cv02639 - Document 91 (N.D. Tex. 2022)
Court Description: ORDER accepting 90 Findings and Recommendations on Case. The Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and ORDERS Hi-Tech to file an affidavit with supporting evidence setting forth the amount of fees to be awarded within fourteen days. (Ordered by Judge Brantley Starr on 12/16/2022) (chmb)
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Hi-Tech Pharmaceuticals Inc v. USPLabs LLC et al Doc. 91 Case 3:19-cv-02639-X Document 91 Filed 12/16/22 Page 1 of 2 PageID 979 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION HI-TECH PHARMACEUTICALS, INC., Plaintiff, v. USPLABS, LLC, JACOBO GEISSLER, JONATHAN DOYLE, MODERN SPORTS NUTRITION, LLC and DOES 1–100, Defendant. § § § § § § § § § § § § Civil Action No. 3:19-CV-2639-X ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. [Doc. No. 90]. No objections were filed. The District Court reviewed the proposed findings, conclusions, and recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. Accordingly, the Court GRANTS Hi-Tech summary judgment on all Modern Sports’s counterclaims and a declaratory judgment of non-infringement of the MODERN BCAA mark. The Court DENIES Hi-Tech a declaratory judgment that the MODERN BCAA mark is invalid and U.S. Registration No. 4,324,549 should be cancelled. And the Court DENIES Hi-Tech’s request for default judgment and the Dockets.Justia.com Case 3:19-cv-02639-X Document 91 Filed 12/16/22 Page 2 of 2 PageID 980 striking of Modern Sports’s pleadings and PARTIALLY GRANTS Hi-Tech’s request for attorneys’ fees under Rule 37(b). Therefore, the Court ORDERS Hi-Tech to file an affidavit with supporting evidence setting forth the amount of fees to be awarded within fourteen (14) days. IT IS SO ORDERED this 16th day of December 2022. ___________________________________ BRANTLEY STARR UNITED STATES DISTRICT JUDGE 2
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