Opinion
Case No. 3:10-cv-358-J-37JRK.
June 28, 2011
ORDER
This cause is before the Court on the following:
1. Defendant Rubin Debski's Motion to Dismiss Plaintiff's First Amended Complaint (Doc. No. 21), filed October 11, 2010;
2. Defendant, Rubin Debski, P.A., Motion for Sanctions Against Plaintiff (Doc. No. 24), filed November 30, 2010;
3. Plaintiff's Response to Rubin Debski, P.A.'s Motion to Dismiss Amended Complaint (Doc. No. 36), filed January 10, 2011;
4. Plaintiff's Response to Rubin Debski, P.A.'s Motion for Sanctions (Doc. No. 37), filed January 10, 2011; and
5. Reply of Defendant Rubin Debski, P.A. to Plaintiff's Response to Rubin Debski's Motion to Dismiss Amended Complaint (Doc. No. 38), filed January 13, 2011.
United States Magistrate Judge James R. Klindt submitted a report (Doc. No. 59), filed June 7, 2011, recommending Defendant Rubin Debski's Motion to Dismiss Plaintiff's First Amended Complaint (Doc. No. 21) be granted and Defendant, Rubin Debski, P.A., Motion for Sanctions Against Plaintiff (Doc. No. 24) be denied.
After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees with the findings of fact and conclusions of law in the Magistrate Judge's Report and Recommendation.
Therefore, it is ORDERED as follows:
1. The Report and Recommendation (Doc. No. 59), filed June 7, 2011, is ADOPTED and CONFIRMED and made part of this Order.
2. Defendant Rubin Debski's Motion to Dismiss Plaintiff's First Amended Complaint (Doc. No. 21) is GRANTED. The claims brought against Defendant Rubin Debski, P.A., in Plaintiff's First Amended Complaint are DISMISSED without prejudice. Plaintiff may file an amended complaint no later than fourteen days after the date of this Order.
3. Defendant, Rubin Debski, P.A., Motion for Sanctions Against Plaintiff (Doc. No. 24) is DENIED.DONE and ORDERED in Chambers, in Jacksonville, Florida.