Opinion
22-80210-CIV-CANN/McCabe
10-19-2022
GEORGE HARPER, Plaintiff, v. ACTS RETIREMENT-LIFE COMMUNITIES, INC., Defendant.
ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
AILEEN M. CANNON, UNITED STATES DISTRICT JUDGE.
THIS CAUSE comes before the Court upon Defendant's Motion to Dismiss Plaintiff's Amended Complaint (the “Motion”) [ECF No. 19], filed on June 20, 2022. The Motion was referred to Magistrate Judge Ryon M. McCabe for a Report and Recommendation [ECF No. 35]. On September 22, 2022, Judge McCabe issued a Report, recommending that the Motion be granted in part and denied in part [ECF No. 36]. Specifically, the Report recommends that Counts I and II of the Amended Complaint be dismissed with prejudice, but that Counts III and IV be permitted to proceed at this stage [ECF No. 36 p. 12]. Objections to the Report were due on or before October 6, 2022 [ECF No. 36 p. 13]. Neither party filed objections.
Upon de novo review of the Report and the full record, the Court finds the Report to be well-reasoned and correct.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Report and Recommendation [ECF No. 36] is ACCEPTED.
2. Defendant's Motion to Dismiss [ECF No. 19] is GRANTED IN PART AND DENIED IN PART consistent with the Report.
3. Counts I and II of the Amended Complaint are DISMISSED WITH PREJUDICE. Counts III and IV may proceed at this time.
4. On or before November 3, 2022, Defendant shall file an Answer to Plaintiff's Amended Complaint, consistent with this Order and the accepted Report.
DONE AND ORDERED.