THI Medical, S.A.C. v. Filmore Management Trading, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO.: 21-cv-21632-GAYLES/TORRES THI MEDICAL, S.A.C., Plaintiff, v. FILMORE MANAGEMENT TRADING, LLC, et al., Defendants. ___________________________________/ ORDER THIS CAUSE comes before the Court on Defendant TÜV Rheinland of North America, Inc.’s Motion to Dismiss Plaintiff’s Complaint (the “Motion”). [ECF No. 11]. The action was referred to Magistrate Judge Edwin Torres, pursuant to 28 U.S.C. § 636(b)(1)(B), for a ruling on all pretrial, non-dispositive matters, and for a Report and Recommendation on any dispositive matters. [ECF No. 45]. On October 20, 2021, Judge Torres issued his report recommending that the Motion to Dismiss be granted with leave to amend (the “Report”). [ECF No. 266]. No objections have been filed.

A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006).

In his Report, Judge Torres recommends that the Motion be granted, and Plaintiff be given leave to amend the Complaint. The Court finds no clear error with Judge Torres’s recommendation and agrees that the Complaint should be dismissed with leave to amend.

CONCLUSION Accordingly, after careful consideration, itis ORDERED AND ADJUDGED as follows: (1) Judge Torres’s Report and Recommendation, [ECF No. 46], is ADOPTED in full; (2) Defendant TUV Rheinland of North America, Inc.’s Motion to Dismiss Plaintiff's Complaint, [ECF No. 11], is GRANTED; (3) Plaintiff's Complaint is DISMISSED without prejudice. Plaintiff shall file an Amended Complaint on or before December 6, 2021; and (4) Filmore and AST’s Motion to Dismiss Plaintiff's Complaint [ECF No. 23] and Claudio Torres’ Motion to Dismiss Plaintiffs’ Complaint Pursuant to FRCP § 12(b)(6) [ECF No. 34] are DENIED as MOOT.

DONE AND ORDERED in Chambers at Miami, Florida, this 15th day of November, 2021.

of DLs UNITED STATES DI ICT JUDGE