ALLEY, MAASS, ROGERS & LINDSAY, P.A.
v.
PRETZEL LIMITED
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The court accepted the Magistrate Judge's Report and Recommendation, granting the motion to dismiss.
Defendant Pecunia Business Development Limited filed a Motion to Dismiss, to which the Magistrate Judge recommended granting the motion. No objections…
The full statement of facts, procedural history, and disposition for this case are member content.
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__________________________________/ ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION [ECF No. 21] AND CLOSING CASE
THIS CAUSE comes before the Court upon the Magistrate Judge’s Report and Recommendation on the Motion to Dismiss filed by Defendant Pecunia Business Development Limited (the “Report”) [ECF No. 21]. On July 19, 2023, Defendant Pecunia Business Development Limited (“Pecunia”) filed a Motion to Dismiss (the “Motion”) [ECF No. 13]. On October 5, 2023, following referral, Judge Bruce E. Reinhart issued a Report recommending that the Motion be granted [ECF No. 21 p. 4]. Objections to the Report were due on October 19, 2023 [ECF No. 21 p. 4]. No party filed objections, and the time to do so has expired [ECF No. 21 p. 4].1 To challenge the findings and recommendations of a magistrate judge, a party must file specific written objections identifying the portions of the proposed findings and recommendation to which objection is made. See Fed. R. Civ. P. 72(b)(3); Heath v. Jones, 863 F. 2d 815, 822 (11th Cir. 1989); Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). A district court
reviews de novo those portions of the report to which objection is made and may accept, reject, or modify in whole or in part, the findings or recommendations made by the magistrate judge. 28 U.S.C. § 636(b)(1). To the extent a party fails to object to parts of the magistrate judge’s report, the Court may accept the recommendation so long as there is no clear error on the face of the record. Macort, 208 F. App’x at 784. Legal conclusions are reviewed de novo, even in the absence of an objection. See LeCroy v. McNeil, 397 F. App’x 554, 556 (11th Cir. 2010); Cooper-Houston v.
S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994). Following de novo review, the Court finds the Report to be well reasoned and correct. For the reasons set forth in the Report [ECF No. 21 pp. 2-3], it is hereby ORDERED AND ADJUDGED as follows: 1. The Report and Recommendation [ECF No. 21] is ACCEPTED.
2. The Motion [ECF No. 13] is GRANTED. Plaintiff's Complaint is DISMISSED
WITHOUT PREJUDICE.
3. This Clerk of Court is directed to CLOSE the case.
DONE AND ORDERED in Chambers at Fort Pierce, Florida, this 23rd day of October 2023. )
AILEEN M. CANNON
UNITED STATES DISTRICT JUDGE
ce: counsel of record
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Citator
Authorities Cited
- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Heath v. Jones, 863 F.2d 815 (11th Cir. 1989)