United States of America v. Credico (USA) Inc.

United States District Court for the Southern District of Florida

United States of America v. Credico (USA) Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

CASE NO. 20-23904-CIV-CANNON/Otazo-Reyes

UNITED STATES OF AMERICA and NALISA SIMONA SAATI,

Plaintiffs, v.

CREDICO (USA) INC. and CREDICO (USA) LLC,

Defendants. ________________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS

THIS CAUSE is before the Court upon Defendant’s Motion to Dismiss First Amended Complaint (the “Motion”) [ECF No. 47], filed on April 15, 2021. On August 9, 2021, the Court referred the case to Magistrate Judge Alicia M. Otazo-Reyes for a ruling on all pretrial, non- dispositive matters and for a Report and Recommendation on any dispositive matters [ECF No. 54]. On November 3, 2021, Judge Otazo-Reyes issued a Report (“R&R”) recommending that the Motion be granted [ECF No. 70]. The R&R states that the parties shall file any objections within fourteen days of the date of the R&R [ECF No. 70 pp. 9]. To date, Plaintiffs have not filed any objections nor sought additional time to do so. Nevertheless, the Court has conducted a de novo review of the R&R and is otherwise fully advised in the premises. See Williams v. McNeil,

557 F.3d 1287, 1291

(11th Cir. 2009) (citing

28 U.S.C. § 636

(b)(1)). Upon review, the Court finds the R&R to be well reasoned and correct. The Court therefore agrees with the analysis in the R&R and concludes that the Motion should be GRANTED for the reasons set forth therein. CASE NO. 20-23904-CIV-CANNON/Otazo-Reyes

Accordingly, it is ORDERED and ADJUDGED as follows: 1. The R&R [ECF No. 70] is ADOPTED. 2. The Motion [ECF No. 47] is GRANTED. 3. The Fourth and Fifth Claims of Plaintiffs’ First Amended Complaint [ECF No. 23] are DISMISSED WITH PREJUDICE. 4. The First, Second, and Third Claims of Plaintiffs’ First Amended Complaint [ECF No. 23] are DISMISSED WITHOUT PREJUDICE. Plaintiffs may file an Amended Complaint that cures the pleading deficiencies outlined in the R&R on or before December 6, 2021. DONE AND ORDERED in Chambers at Fort Pierce, Florida this 19th day of November 2021.

UNITED STATES DISTRICT JUDGE ce: counsel of record

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