NADINE SUTHERLAND
v.
CITY OF PEMBROKE PINES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The District Court adopted a magistrate judge's report and recommendation granting the City of Pembroke Pines' motion to dismiss Nadine Sutherland's amended complaint. The court dismissed the complaint without prejudice, permitting the plaintiff to file a third amended complaint by November 10, 2025.
The motion to dismiss is granted, and the amended complaint and second amended complaint are dismissed without prejudice with leave to amend. The plaintiff may file a third amended complaint by November 10, 2025.
“A district court may accept, reject, or modify a magistrate judge's report and recommendation.”
Establishes the standard of review applicable to magistrate judge reports
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceNadine Sutherland filed an action against the City of Pembroke Pines. The plaintiff filed an amended complaint and subsequently a second amended compl…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Clear Error Review cases and more on FLexlaw
THIS CAUSE comes before the Court on Defendant's Motion to Dismiss Plaintiff's Amended Complaint (the “Motion”). [ECF No. 33]. The action was referred to Magistrate Judge Jared M. Strauss, pursuant to 28 U.S.C. § 636(b)(1)(B), for a ruling on all pretrial, non-dispositive matters, and for a Report and Recommendation on any dispositive matters. [ECF No. 37]. On October 15, 2025, Judge Strauss issued his report recommending that the Motion be granted and the Amended Complaint and Second Amended Complaint¹ be dismissed without prejudice and with leave to amend (the “Report”). [ECF No. 40]. No party has filed objections to the Report.
A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections "pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F. 3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific 1 The Motion addresses Plaintiff's Amended Complaint, [ECF No. 28], rather than Plaintiff's Second Amended Complaint, [ECF No. 31], which Plaintiff filed without leave to amend. The Report notes that the two complaints are materially the same less the titling of the documents and that its analysis applies equally to both. See [ECF No. 40].
objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006).
The Court has reviewed the Report for clear error and agrees with Judge Strauss's wellreasoned analysis and findings. Accordingly, it is
ORDERED AND ADJUDGED as follows:
(1) Judge Strauss's Report and Recommendation, [ECF No. 40], is ADOPTED in full; (2) Defendant's Motion to Dismiss Plaintiff's Amended Complaint, [ECF No. 33], is GRANTED, and Plaintiff's Amended Complaint and Second Amended Complaint are DISMISSED without prejudice and with leave to amend. (3) Plaintiff shall file a Third Amended Complaint on or before November 10, 2025.
DONE AND ORDERED in Chambers at Miami, Florida, this 31st day of October, 2025.
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- United States v. Schultz, 565 F.3d 1353 (11th Cir. 2009)
- Liberty Am. Ins. Grp., Inc. v. Westpoint Underwriters, L.L.C., 2001 WL 1850837 (M.D. Fla. 2001)