Turner v. Neptune Towing Recovery, Inc.

Full title: MARCIA TURNER, Plaintiff, v. NEPTUNE TOWING RECOVERY, INC., Defendant…

Court: United States District Court, M.D. Florida, Tampa Division

Date published: Apr 12, 2010

Consolidated Case No. 8:09-CV-1071-T-27AEP (M.D. Fla. Apr. 12, 2010)

Opinion

Consolidated Case No. 8:09-CV-1071-T-27AEP.

April 12, 2010

ORDER

JAMES WHITTEMORE, District Judge

BEFORE THE COURT is the Magistrate Judge's Report and Recommendation (Dkt. 76) recommending that Turner's motion to dismiss Neptune's amended verified complaint (Dkt. 34) be granted. 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. 76) is adopted, confirmed, and approved in all respects and is made part of this order for all purposes, including appellate review.

Accordingly, Turner's motion to dismiss (Dkt. 34) is GRANTED. Neptune's amended verified complaint (Case No. 8:09-cv-2475-T-27AEP, Dkt. 15) is dismissed without prejudice. Neptune is granted leave to file a second amended complaint within 10 days.

DONE AND ORDERED.