Opinion
Case No: 3:14cv284/MCR/CJK
07-29-2015
WALTER LEROY, Plaintiff, v. MEDTRONIC, INC., Defendant.
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated February 12, 2015. (Doc. 22). The parties have been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections.
Having considered the Report and Recommendation, and any timely filed objections thereto, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation (doc. 22) is adopted and incorporated by reference in this order.
2. Defendant's Amended Request to Take Judicial Notice (doc. 18) is GRANTED.
3. Defendant's Motion to Dismiss (doc. 12) is GRANTED to the extent plaintiff's complaint (doc. 1) is DISMISSED WITHOUT PREJUDICE to plaintiff's filing an amended complaint (pleading a sufficiently specific parallel claim), if he can do so in good faith consistent with his Rule 11 obligations, within fourteen (14) days from the date this order.
4. If an amended complaint is not filed within the time provided, the clerk, without further notice to plaintiff, shall enter a final judgment dismissing this case with prejudice.
DONE AND ORDERED on this 29th day of July, 2015.
/s/ _________
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE