Summary
finding that where it was clear on the face of the complaint that an express contract existed the plaintiff was required to plead that no adequate remedy at law existed
Summary of this case from Begualg Inv. Mgmt. Inc. v. Four Seasons Hotel Ltd.Opinion
Case No. 6:08-cv-1168-Orl-28GJK.
September 15, 2008
ORDER
This case is before the Court on Defendant's Motion to Dismiss (Doc. No. 25) filed September 10, 2007. The United States Magistrate Judge has submitted a report recommending that the motion be granted.
After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:
1. That the Report and Recommendation filed August 29, 2008 (Doc. No. 76) is ADOPTED and CONFIRMED and made a part of this Order.
2. Defendant's Motion to Dismiss (Doc. No. 25) is GRANTED and the Complaint (Doc. No. 1) is dismissed.
3. Plaintiff is granted leave to file an amended complaint but must do so within eleven (11) days from the date of this Order. DONE and ORDERED in Chambers, Orlando, Florida.