Jurec v. Walter P. Rawl & Sons, Inc.

Filing 59

ORDER Adopting 56 Report and Recommendations and denying 48 Defendant Walter P. Rawl & Sons, Inc.'s Motion to Dismiss Count II of Plaintiff's Second Amended Complaint. No later than August 2, 2019, Defendant will answer Count II of the SAC. Signed by Judge Timothy J. Corrigan on 7/11/2019. (SEJ) Modified on 7/11/2019 to edit text per Chambers. (TMC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
BENJAMIN JUREC,
Plaintiff,
v.

Case No. 3:18-cv-591-J-32JRK

WALTER P. RAWL & SONS, INC., a
Foreign Profit Corporation,
Defendant.

ORDER
This case is before the Court on the Defendant Walter P. Rawl & Sons, Inc.’s
Motion to Dismiss Count II of Plaintiff's Second Amended Complaint (Doc. 48). On
June 17, 2019, the assigned United States Magistrate Judge issued a Report and
Recommendation (Doc. 56) recommending that the motion be denied. 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. 56), it is hereby
ORDERED:
1.

The Report and Recommendation of the Magistrate Judge (Doc. 56) is

ADOPTED as the opinion of the Court.

2.

Defendant Walter P. Rawl & Sons, Inc.’s Motion to Dismiss Count II of

Plaintiff's Second Amended Complaint (Doc. 48) is DENIED. No later than August
2, 2019, Defendant will answer Count II of the SAC.1
3.

The parties remain governed by the Second Amended Case Management

and Scheduling Order (Doc. 46), as amended (Doc. 54).
DONE AND ORDERED in Jacksonville, Florida the 11th day of July, 2019.

TIMOTHY J. CORRIGAN
United States District Judge
sej
Copies to:
Honorable James R. Klindt
United States Magistrate Judge
Counsel of record

1

Defendant has already answered Count I of the SAC. (Doc. 47).
2