Alley, Maass, Rogers & Lindsay, P.A. v. Pretzel Limited
Alley, Maass, Rogers & Lindsay, P.A. v. Pretzel Limited
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION
CASE NO. 23-80664-CIV-CANNON
ALLEY, MAASS, ROGERS & LINDSAY, P.A.,
Plaintiff, v.
PRETZEL LIMITED and PECUNIA BUSINESS DEVELOPMENT LIMITED,
Defendants. __________________________________/ ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION [ECF No. 21] AND CLOSING CASE
THIS CAUSE comes before the Court upon the Magistrate Judge’s Report and Recommendation on the Motion to Dismiss filed by Defendant Pecunia Business Development Limited (the “Report”) [ECF No. 21]. On July 19, 2023, Defendant Pecunia Business Development Limited (“Pecunia”) filed a Motion to Dismiss (the “Motion”) [ECF No. 13]. On October 5, 2023, following referral, Judge Bruce E. Reinhart issued a Report recommending that the Motion be granted [ECF No. 21 p. 4]. Objections to the Report were due on October 19, 2023 [ECF No. 21 p. 4]. No party filed objections, and the time to do so has expired [ECF No. 21 p. 4].1 To challenge the findings and recommendations of a magistrate judge, a party must file specific written objections identifying the portions of the proposed findings and recommendation to which objection is made. See Fed. R. Civ. P. 72(b)(3); Heath v. Jones,
863 F.2d 815, 822(11th Cir. 1989); Macort v. Prem, Inc.,
208 F. App’x 781, 784(11th Cir. 2006). A district court
1 Pecunia filed a Notice on October 11, 2023, informing the Court of its intention not to object to the Report [ECF No. 22]. CASE NO. 20-61119-CIV-CANNON/Hunt
reviews de novo those portions of the report to which objection is made and may accept, reject, or modify in whole or in part, the findings or recommendations made by the magistrate judge.
28 U.S.C. § 636(b)(1). To the extent a party fails to object to parts of the magistrate judge’s report, the Court may accept the recommendation so long as there is no clear error on the face of the record. Macort,
208 F. App’x at 784. Legal conclusions are reviewed de novo, even in the absence of an objection. See LeCroy v. McNeil,
397 F. App’x 554, 556 (11th Cir. 2010); Cooper-Houston v. S. Ry. Co.,
37 F.3d 603, 604(11th Cir. 1994). Following de novo review, the Court finds the Report to be well reasoned and correct. For the reasons set forth in the Report [ECF No. 21 pp. 2-3], it is hereby ORDERED AND ADJUDGED as follows: 1. The Report and Recommendation [ECF No. 21] is ACCEPTED. 2. The Motion [ECF No. 13] is GRANTED. Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE. 3. This Clerk of Court is directed to CLOSE the case. DONE AND ORDERED in Chambers at Fort Pierce, Florida, this 23rd day of October 2023. ) AILEEN M. CANNON UNITED STATES DISTRICT JUDGE
ce: counsel of record
Reference
- Status
- Unknown