Brothers Media Group, LLC v. Sanders

Filing 22

ORDER adopting 21 Report and Recommendations. 7 Defendant's Motion to Dismiss Plaintiff's Complaint is GRANTED in part as to Count I and DENIED without prejudice in part as to Counts II and III. Count I of the Complaint (Doc. 1) is DISMISSED without prejudice. Plaintiff shall file an amended complaint by July 18, 2018. Defendant shall file an answer or motion to dismiss by August 15, 2018. Signed by Judge Timothy J. Corrigan on 6/18/2018. (SEJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
BROTHERS MEDIA GROUP, LLC,
dba Automotive Broadcasting Network,
Plaintiff,
v.

Case No. 3:17-cv-1111-J-32JBT

DAVID SANDERS, an individual,
Defendant.

ORDER
This case is before the Court on the Defendant's Motion to Dismiss Plaintiff's
Complaint (Doc. 7). On May 30, 2018, the assigned United States Magistrate Judge
issued a Report and Recommendation (Doc. 21) recommending that the motion be
granted in part as to Count I and denied without prejudice in part as to Counts II and
III, that Count I of the Complaint (Doc. 1) be dismissed without prejudice, and that
Plaintiff be given twenty days from the Court’s order on the Report and
Recommendation to file an amended complaint.
No party has filed an objection to the Report and Recommendation, and the time
in which to do so has passed. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); M.D.
Fla. R. 6.02(a).
Upon de novo review and for the reasons stated in the Report and
Recommendation (Doc. 21), it is hereby

ORDERED:
1.

The Report and Recommendation of the Magistrate Judge (Doc. 21) is

ADOPTED as the opinion of the Court.
2.

Defendant's Motion to Dismiss Plaintiff's Complaint (Doc. 7) is

GRANTED in part as to Count I and DENIED without prejudice in part as to
Counts II and III. Count I of the Complaint (Doc. 1) is DISMISSED without
prejudice.
3.

Plaintiff shall file an amended complaint by July 18, 2018.

4.

Defendant shall file an answer or motion to dismiss by August 15, 2018.

5.

DONE AND ORDERED in Jacksonville, Florida the 18th day of June,

2018.

TIMOTHY J. CORRIGAN
United States District Judge
sj
Copies to:
Honorable Joel B. Toomey
United States Magistrate Judge
Counsel of record

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