Case No. 3:09-cv-1240-J-32TEM.United States District Court, M.D. Florida, Jacksonville Division.
March 28, 2011
TIMOTHY CORRIGAN, Magistrate Judge
This case is before the Court on defendant’s Motion to Dismiss Plaintiff’s Third Amended Complaint and plaintiff’s response thereto. The assigned United States Magistrate Judge issued a Report and Recommendation (Doc. 50), recommending that defendant’s Motion to Dismiss (Doc. 38) be denied. Upon independent review of the file, it is hereby
1. The Report and Recommendation (Doc. 50) of the Magistrate Judge is ADOPTED as the opinion of the Court.
2. Defendant’s Motion to Dismiss (Doc. 38) is DENIED.
3. Plaintiff’s Second Unopposed Motion for Leave to File Fourth Amended
Complaint and Add Party Defendants (Doc. 51) is GRANTED.
4. No later than April 4, 2011, plaintiff will file its’ Fourth Amended Complaint and serve it forthwith on the new defendants. No later than April 29, 2011, all defendants will file Answers to the Fourth Amended Complaint.
DONE AND ORDERED at Jacksonville, Florida.