Itamar Medical Ltd. v. Ectosense nv

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-60719-CIV-DIMITROULEAS

ITAMAR MEDICAL, LTD.,

Plaintiff, v. ECTOSENSE NV and VIRTUOX, INC.

Defendant. _____________________________________/ ORDER ADOPTING AND APPROVING REPORT AND RECOMMENDATION OF

MAGISTRATE JUDGE [DE 228]; DENYING DEFENDANT’S MOTION TO DISQUALIFY GENE KLEINHENDLER AND INCORPORATED MOTION FOR SANCTIONS [DE 181]; DENYING PLAINTIFF’S MOTION FOR SANCTIONS [DE 218]

THIS CAUSE is before the Court upon Defendant Ectosense’s Motion to Disqualify Gene Kleinhendler and Incorporated Motion for Sanctions [DE 181], Plaintiff Itamar Medical Ltd.’s Motion for Sanctions [DE 218], and the December 7, 2021 Magistrate Judge’s Report and Recommendation (the “Report”) [DE 228]. The Court notes that no objections to the Report [DE 228] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge’s factual findings in the Report [DE 228] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F.2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993).

Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 228] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s analysis and conclusions.

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. The Report [DE 228] is hereby ADOPTED and APPROVED; 2. Defendant Ectosense’s Motion to Disqualify Gene Kleinhendler and Incorporated

Motion for Sanctions [DE 181] is hereby DENIED; and 3. Plaintiff Itamar Medical Ltd.’s Motion for Sanctions [DE 218] is hereby DENIED. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 22nd day of December, 2021.

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#4 v Paty d ‘4 ase □□ CA MAAYAA AVY EINE VILLIAM P. DIMITROULEAS United States District Judge

Copies to:

Counsel of Record Magistrate Judge Snow