Opinion
6:21-cv-1890-WWB-DCI
01-25-2022
J. P., B. P. and S. P., Plaintiffs, v. ORANGE COUNTY SCHOOL BOARD, Defendant.
ORDER
WENDY W BERGER UNITED STATES DISTRICT JUDGE.
THIS CAUSE is before the Court on Defendant's Motion to Dismiss (Doc. 7).United States Magistrate Judge Daniel C. Irick issued a Report and Recommendation (Doc. 11), in which he recommends that the Motion be granted in part and that the Complaint (Doc. 1) be dismissed with leave to refile.
Defendant's Motion fails to comply with this Court's January 13, 2021 Standing Order. In the interests of justice, the Court will consider the Motion, but the parties are cautioned that future failures to comply with all applicable rules and orders of this Court may result in the striking or denial of filings without notice or leave to refile.
After a de novo review of the record, and noting that no objections were timely filed, the Court agrees entirely with the analysis in the Report and Recommendation.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 11) is ADOPTED and CONFIRMED and made a part of this Order.
2. Defendant's Motion to Dismiss (Doc. 7) is GRANTED in part and the Complaint (Doc. 1) is DISMISSED without prejudice. In all other respects, the Motion is DENIED.
3. On or before February 7, 2022, Plaintiffs may file an amended pleading in accordance with the Report and Recommendation and this Order. Failure to timely file may result in the dismissal of this case without further notice.
DONE AND ORDERED in Orlando, Florida on January 25, 2022.