Opinion
22-14117-CIV-CANN/McCabe
05-26-2022
DAYANARA MCMILLAN, Plaintiff, v. BRIGHTHOUSE LIFE INSURANCE COMPANY, 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 [ECF No. 12]. On April 17, 2022, the Court referred Defendant's Motion to Magistrate Judge Ryon M. McCabe for a Report and Recommendation [ECF No. 20]. Judge McCabe thereafter issued a Report (“R&R”) recommending that Plaintiff be given leave to file an amended complaint, and that Defendant's Motion [ECF No. 12] be denied as moot in light of the forthcoming amended pleading [ECF No. 27]. Neither party has filed an objection to the R&R.
Upon review, the Court finds the R&R to be well reasoned and correct. The Court therefore agrees with the analysis in the R&R and concludes that Plaintiff should be given leave to file an amended complaint for the reasons set forth therein.
Accordingly, it is hereby ORDERED and ADJUDGED as follows:
1. The R&R [ECF No. 27] is ACCEPTED.
2. Plaintiff shall file an amended Complaint on or before June 13, 2022.
3. Defendant's Motion [ECF No. 12] is DENIED AS MOOT in light of Plaintiff's forthcoming amended complaint.
DONE AND ORDERED