Opinion
Case No: 8:05-cv-1646-T-23EAJ.
May 3, 2006
ORDER
United States Magistrate Judge Elizabeth A. Jenkins submits a report and recommendation (Doc. 46) on Thomas F. Garth's, Robert Cano's, Terry Rathbun's, and Richard Standridge's motions (Docs. 29, 35, 36, 37) to dismiss. No party files an objection to the report and recommendation and the time to file objections has expired. Accordingly, the Magistrate Judge's report and recommendation (Doc. 46) is ADOPTED.
Garth's motion (Doc. 29) to dismiss is GRANTED. The claims against Garth are DISMISSED WITHOUT PREJUDICE to the plaintiff's amending the complaint on or before May 19, 2006, to allege fraud against Garth with the particularity required by Rule 9(b), Federal Rules of Civil Procedure. Cano's, Rathbun's, and Standridge's motions (Docs. 35, 36, 37) to dismiss for lack of personal jurisdiction are GRANTED. The claims against Cano, Rathbun, and Standridge are DISMISSED WITHOUT PREJUDICE to the plaintiff's amending the complaint on or before May 19, 2006, to allege personal jurisdiction over Cano, Rathbun, and Standridge. Failure to amend the complaint on or before May 19, 2006, will result in dismissal with prejudice of Garth, Cano, Rathbun, and Standridge. No further amendment to allege either fraud or personal jurisdiction will be permitted.
ORDERED.