Plastipak Packaging, Inc. v. CG Roxane, LLC

Full title: PLASTIPAK PACKAGING, INC., Plaintiff/Counter-Defendant, v. CG ROXANE, LLC…

Court: United States District Court, Southern District of Texas

Date published: Aug 9, 2022

Civil Action 4:20-CV-00356 (S.D. Tex. Aug. 9, 2022)

Opinion

Civil Action 4:20-CV-00356

08-09-2022

PLASTIPAK PACKAGING, INC., Plaintiff/Counter-Defendant, v. CG ROXANE, LLC, Defendant/Counterclaimant.

ANDREW S. HANEN, UNITED STATES DISTRICT JUDGE

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

ANDREW S. HANEN, UNITED STATES DISTRICT JUDGE

Pending before the Court in the above-captioned proceeding is Defendant CG Roxane, LLC's (“Defendant”) Motion for Judgment on the Pleadings (Doc. No. 60). Plaintiff Plastipak Packaging, Inc. (“Plaintiff') filed a response in opposition to the motion (Doc. No. 61), Defendant replied thereto (Doc. No. 63), and then Plaintiff filed a surreply (Doc. No. 64).

Also pending before the Court is Plaintiffs Motion to Stay Pending Related Appeal (Doc. No. 57). Defendant filed a response in opposition to the motion (Doc. No. 58), and Plaintiff replied thereto (Doc. No. 59).

Magistrate Judge Sam S. Sheldon, to whom this case was referred (Doc. No. 67), issued a Memorandum and Recommendation (“M&R”) that the Court deny without prejudice Defendant's Motion for Judgment on the Pleadings as moot, and that the Court grant Plaintiffs Motion to Stay. (Doc. No. 68). Neither Plaintiff nor Defendant filed objections to the M&R. See 28 U.S.C. § 636(b)(1) (setting a 14-day deadline to file objections); Fed.R.Civ.P. 72(b)(2) (same); see also (Doc. No. 68, at 7) (advising parties of the 14-day deadline).

After independently reviewing the record and considering the applicable law, the Court agrees with the conclusions of the M&R in their entirety. (Doc. No. 68). Accordingly, the Court hereby ORDERS that the Memorandum and Recommendation (Doc. No. 68) is ADOPTED.

The Court further ORDERS that Defendants' Motion for Judgment on the Pleadings (Doc. No. 60) is DENIED without prejudice as moot.

The Court further ORDERS that Plaintiffs Motion to Stay Pending Related Appeal (Doc. No. 57) is GRANTED. Accordingly, this case is hereby stayed pending the forthcoming decision by the U.S. Court of Appeals for the Federal Circuit in Plastipak Packaging, Inc. v. Premium Waters, Inc., No. 21-2244 (Fed. Cir. filed Aug. 25, 2021).