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)

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

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