IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION INNOVATIONS IN MEMORY LLC, § Plaintiff, § § 1:24-CV-00602-DII-ADA v. § § DELL TECHNOLOGIES INC. and § DELL INC., § Defendants. § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the Report and Recommendation of United States Magistrate Judge Susan Hightower (ECF No. 31) regarding Defendants’ Motion to Dismiss (ECF No. 13). The report RECOMMENDS that the District Court DENY Defendants’ Motion to Dismiss. The report and recommendation was filed on January 23, 2025. A party may file specific, written objections to the proposed findings and recommendations of the magistrate judge within fourteen days after being served with a copy of the report and recommendation, thereby securing de novo review by the district court.

(b); Fed. R. Civ. P. 72(b). A district court need not consider “[f]rivolous, conclusive, or general objections.” Battle v. U.S. Parole Comm’n,

(5th Cir. 1987) (quoting Nettles v. Wainwright,

, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United States Auto. Ass’n,

(5th Cir. 1996)). The Defendants filed objections on February 6, 2025. ECF No. 33. The Plaintiff filed a response to those objections on February 20, 2025. ECF No. 34. The Court has conducted a de novo review of the Motion to Dismiss (ECF No. 13), the responses to that motion, the report and recommendation, the objections to the report and recommendation, the response to those objections, and the applicable laws. After a thorough de novo review, the Court is persuaded that the Magistrate Judge’s findings and recommendation should be adopted. THEREFORE, IT IS ORDERED that the Report and Recommendation of United States Magistrate Judge Susan Hightower, ECF No. 13 is ADOPTED. IT IS FURTHER ORDERED that Defendants’ objections are OVERRULED. SIGNED this 23rd day of February, 2025. ™~s, ot } ALAN D ALBRIGHT UNITED STATES DISTRICT JUDG