Opinion
21-cv-62102-GAYLES/STRAUSS
03-07-2022
LES PECHERIES NORREF QUEBEC INC., Plaintiff, v. SEA DELIGHT GROUP, LLC, et al., Defendants.
ORDER
DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court on Magistrate Judge Jared M. Strauss's Report and Recommendation (the “Report”) [ECF No. 69]. The action was referred to Magistrate Judge Strauss, pursuant to 28 U.S.C. § 636(b)(1)(B), for a ruling on all pretrial, non-dispositive matters, and for a Report and Recommendation on any dispositive matters. [ECF No. 55, 62]. On February 16, 2022, Judge Strauss issued the Report recommending that this action be dismissed without prejudice for lack of subject matter jurisdiction. [ECF No. 69]. No. objections have been filed.
A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F.Supp.2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 Fed.Appx. 781, 784 (11th Cir. 2006).
The Court finds no clear error with Judge Strauss's recommendation and agrees that this action should be dismissed without prejudice for lack of subject matter jurisdiction.
CONCLUSION
Accordingly, after careful consideration, it is ORDERED AND ADJUDGED as follows:
(1) Judge Strauss's Report and Recommendation, [ECF No. 69], is ADOPTED in full;
(2) This action is DISMISSED without prejudice for lack of subject matter jurisdiction. All pending motions are DENIED as MOOT.