Opinion
Case No. 6:06-cv-90-Orl-31DAB.
March 21, 2006
ORDER
On March 7, 2006, Magistrate Judge Baker entered a Report and Recommendation (Doc. 23), recommending that the Motion to Dismiss Complaint filed by Defendant City of Melbourne (Doc. 7) be granted in part and the Motion to Dismiss Complaint filed by Defendant Johns Eastern Company, Inc. (Doc. 19) be denied as moot. The Plaintiff filed a timely response in opposition (Doc. 24) to the Motion to Dismiss Complaint, which the Court construes as an objection to the Report. Upon de novo review of the above, the Court concurs with the recommendation of the Magistrate Judge. It is, therefore
ORDERED that:
1. That the Report and Recommendation of the Magistrate Judge is adopted and confirmed;
2. The Motion to Dismiss Complaint filed by Defendant City of Melbourne (Doc. 7) is GRANTED IN PART. The federal claims alleged in the Complaint are DISMISSED WITH PREJUDICE, and the remaining state law claims are REMANDED to the Circuit Court of the Eighteenth Judicial Circuit, in and for Brevard County, Florida.
3. The Motion to Dismiss Complaint filed by Defendant Johns Eastern Company, Inc. (Doc. 19) is DENIED AS MOOT.
4. The Clerk is directed to close the case.
DONE and ORDERED.