2:16-cv-00523 | E.D. Tex. | Mar 21, 2017

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION FOUNDATION MEDICINE, INC., § § v. § Case No. 2:16-CV-00523-JRG-RSP § GUARDANT HEALTH, INC. , § ORDER Before the Court is the Report and Recommendation filed by Magistrate Judge Payne on February 15, 2017 (Dkt. No. 60) recommending that Guardant Health, Inc.’s motion to dismiss for failure to state a claim (Dkt. No. 29) be denied. No objections have been filed.

Accordingly, the Recommendation is ADOPTED. Guardant Health, Inc.’s motion to dismiss for failure to state a claim (Dkt. No. 29) is DENIED.