Doshi et al v. Cagle Road Land LLC et al
Filing
40
ORDER adopting 39 Report and Recommendation; denying 22 Defendants' Motion to Dismiss Amended Complaint. Response to Amended Complaint due no later than March 5, 2019. Signed by Judge Marcia Morales Howard on 2/19/2019. (JW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
PARESH DOSHI and JITENDRA DOSHI,
Plaintiffs,
Case No. 3:17-cv-308-J-34JRK
vs.
MAHENDRA F. DOSHI, et al.,
Defendants.
/
ORDER
THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 39;
Report), entered by the Honorable James R. Klindt, United States Magistrate Judge, on
January 30, 2019. In the Report, Judge Klindt recommends that Defendants’ Motion to
Dismiss Amended Complaint (Dkt. No. 22; Motion) be denied. See Report at 11. No
objections to the Report have been filed, and the time for doing so has now passed.
The Court “may accept, reject, or modify, in whole or in part, the finding or
recommendations by the magistrate judge.”
28 U.S.C. § 636(b).
If no specific
objections to findings of facts are filed, the district court is not required to conduct a de
novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir.
1993); see also 28 U.S.C. § 636(b)(1). However, the district court must review legal
conclusions de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th
Cir. 1994); United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at *1
(M.D. Fla. May 14, 2007).
Upon independent review of the file and for the reasons stated in the Magistrate
Judge’s Report, the Court will accept and adopt the legal and factual conclusions
recommended by the Magistrate Judge. Accordingly, it is hereby
ORDERED:
1. The Magistrate Judge’s Report and Recommendation (Dkt. No. 39) is
ADOPTED as the opinion of the Court.
2. Defendants’ Motion to Dismiss Amended Complaint (Dkt. No. 22) is DENIED.
3. Defendants shall respond to the Amended Complaint no later than March 5,
2019.
DONE AND ORDERED in Jacksonville, Florida this 19th day of February, 2019.
ja
Copies to:
Counsel of Record
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