Opinion
1:21cv155-MW/GRJ
09-22-2022
TIMOTHY STROZIER, Plaintiff, v. WALMART, INC., and APEX MEDICAL CORP., Defendants.
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION
Mark E. Walker, Chief United States District Judge
This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation. ECF No. 53. Upon consideration, no objections having been filed by the parties, IT IS ORDERED:
The report and recommendation, ECF No. 53, is accepted and adopted as this Court's opinion. Defendant Apex's motion to dismiss, ECF No. 37, is GRANTED. Plaintiff's claims against Apex are DISMISSED with leave to file an amended complaint to cure the defects relating to personal jurisdiction if Plaintiff is able to allege that Apex's activities in Florida are related to his underlying tort claim and that Apex purposefully availed itself of the privileges of selling its products in Florida. If Plaintiff seeks to amend, he may file an amended complaint on or before Friday, October 7, 2022. This matter is referred to the Magistrate Judge for further consideration.
SO ORDERED.