Opinion
20-60816-CIV-DIMITROULEAS
07-06-2021
JUNE GANPAT and RICARDO TONG CHIN, Plaintiffs, v. AVENTURE INVESTMENT REALTY, INC., a Florida Corporation, ANDRE PIGUET, an individual, and MYRON BAILEY, an individual, Defendants.
ORDER APPROVING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE; OVERRULING OBJECTIONS; DENYING DEFENDANTS' MOTION TO DISMISS AMENDED COMPLAINT FOR INSUFFICIENT SERVICE OF PROCESS
WILLIAM P. DIMITROULEAS, UNITED STATES DISTRICT JUDGE
THIS CAUSE is before the Court upon Defendants Aventure Investment Realty, Inc. and Andre Piguet (collectively, “Defendants”)'s Motion to Dismiss for Insufficient Service of Process and Lack of Personal Jurisdiction [DE 53] and the Magistrate Judge's May 7, 2021 Report and Recommendation (the “Report”) [DE 67]. The Court has conducted a de novo review of the Report, Defendants' Objections to the Report and Recommendation [DE 68], Plaintiffs June Gapat and Ricardo Tong Chin's Response to Defendants' Objections [DE 69], and is otherwise fully advised in the premises.
Having carefully considered Defendants' Objections, and having reviewed the arguments and relevant case law, the Court overrules the Objections. The Court agrees with the analysis and conclusions set forth in Magistrate Judge Snow's very thorough and detailed Report.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Report [DE 67] is hereby APPROVED;
2. Defendants' Objections [DE 68] are OVERRULED;
3. Defendants' Motion to Dismiss for Insufficient Service of Process and Lack of Personal Jurisdiction [DE 53] is hereby DENIED as to Part I -- Defendants' Motion to Dismiss for Insufficient Service of Process pursuant to Federal Rules of Civil Procedure 4(m) and 12(b)(5);
4. Defendants Aventure Investment Realty, Inc. shall respond to the Complaint on or before July 20, 2021, or an entry of default will be entered against it;
5. The Court will enter a separate Order as to Part II - Defendant Andre Piguet's Motion to Dismiss for Lack of Personal Jurisdiction.
DONE AND ORDERED .