United States of America et al v. Klausner Lumber One, LLC

Filing 28

ORDER adopting 26 the Report and Recommendation; granting in part and denying without prejudice in part 14 Defendant Klausner Lumber One, LLC's Motion to Dismiss Qui Tam Complaint. The 1 Complaint is DISMISSED without prejudice. Plaintiff may file an amended complaint by 1/9/17. Defendant shall file an answer or motion to dismiss by 1/23/17. 27 Defendant's partial objection is MOOT. Signed by Judge Timothy J. Corrigan on 12/19/2016. (SEJ)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION UNITED STATES OF AMERICA and EMMA TIRELLA, ex rel., Plaintiffs, v. Case No. 3:16-cv-203-J-32JBT KLAUSNER LUMBER ONE, LLC, a Foreign Profit Corporation, Defendant. ORDER This case is before the Court on the Defendant Klausner Lumber One, LLC’s Motion to Dismiss Qui Tam Complaint (Doc. 14). On December 2, 2016, the assigned United States Magistrate Judge issued a Report and Recommendation (Doc. 26) recommending that the motion be granted in part and denied in part; the complaint be dismissed without prejudice; and Plaintiff be given twenty days from the Court’s order on the Report and Recommendation to file an amended complaint in accordance herewith, and Defendant be given fourteen days from such filing to respond. On December 16, 2016, Defendant filed a Partial Objection to Magistrate’s Report and Recommendation (Doc. 27), in which it requests that the Court explicitly state that the partial denial of Defendant’s motion to dismiss is without prejudice and may be renewed in response to any amended complaint that Plaintiff may file. Defendant objects to this extent only and fully concurs in the R&R’s result. (Id. at 2). Plaintiff did not file any objections. Upon de novo review and for the reasons stated in the Report and Recommendation (Doc. 26), it is hereby ORDERED: 1. The Report and Recommendation of the Magistrate Judge (Doc. 26) is ADOPTED as the opinion of the Court. 2. Defendant Klausner Lumber One, LLC’s Motion to Dismiss Qui Tam Complaint (Doc. 14) is GRANTED IN PART and DENIED WITHOUT PREJUDICE IN PART. 3. The Complaint (Doc. 1) is DISMISSED without prejudice. 4. Plaintiff may file an amended complaint by January 9, 2017. Defendant shall file an answer or motion to dismiss by January 23, 2017. Defendant’s Partial Objection (Doc. 27) is MOOT. DONE AND ORDERED in Jacksonville, Florida the 19th day of December, 2016. sj Copies to: Honorable Joel B. Toomey United States Magistrate Judge Counsel of record 2

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