Opinion
Consolidated with Consolidated Case No. 8:09-CV-1071-T-27AEP.
June 8, 2010
ORDER
BEFORE THE COURT is the Magistrate Judge's Report and Recommendation (Dkt. 109) recommending that Neptune's motion to dismiss and/or, in the alternative, for summary judgment as to Turner's amended complaint (Dkt. 67) be denied. Neither party filed timely objections to the Report and Recommendation. After careful consideration of the Report and Recommendation in conjunction with an independent examination of the file, the Report and Recommendation (Dkt. 109) is adopted, confirmed, and approved in all respects and is made part of this order for all purposes, including appellate review.
Accordingly, Neptune's motion to dismiss and/or, in the alternative, for summary judgment as to Turner's amended complaint (Dkt. 67) is DENIED. Neptune shall answer the amended complaint within 14 days.