Opinion
22-80285-CIV-CANN/Reinhart
09-30-2022
TARA DUNCAN, Plaintiff, v. NCS PEARSON, INC. et al., Defendants.
ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS
THIS CAUSE comes before the Court upon Defendant NCS Pearson, Inc.'s Motion to Dismiss Plaintiff's Second Amended Complaint (the “Motion”) [ECF No. 27]. The Motion was referred to Magistrate Judge Bruce E. Reinhart for a report and recommendation [ECF No. 30]. On September 12, 2022, Judge Reinhart issued a report (the “Report”), recommending that Defendant's Motion to Dismiss be granted and that Plaintiff's Second Amended Complaint be dismissed without prejudice with leave to refile [ECF No. 33 p. 9]. The Report provided the parties with a fourteen-day period to lodge objections to the Report [ECF No. 33 p. 10]. Neither party filed objections.
Defendant NCS Pearson, Inc. filed a notice indicating that it does not object to the Report [ECF No. 34].
The Court has conducted a de novo review of the Report and the record and is otherwise fully advised in the premises. See Williams v. McNeil, 557 F.3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)). Upon review, the Court finds the Report to be well reasoned and correct. The Court therefore agrees with the analysis in the Report and concludes that the Motion [ECF No. 27] should be GRANTED, and that Plaintiff's Second Amended Complaint [ECF No. 24] be DISMISSED WITHOUT PREJUDICE for the reasons set forth in the Report [ECF No. 33].
Accordingly, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation [ECF No. 33] is ACCEPTED.
a. Defendant NCS Pearson, Inc.'s Motion to Dismiss [ECF No. 27] is GRANTED.
b. The Second Amended Complaint [ECF No. 24] is DISMISSED WITHOUT PREJUDICE.
2. Plaintiff will have one final opportunity to cure the pleading deficiencies set forth in the Report. Any Amended Complaint must be filed on or before October 14, 2022.
The Court previously granted Plaintiff's consent motion to amend an earlier pleading [ECF Nos. 21, 23].
DONE AND ORDERED.