Kinzer et al v. Nexus Enterprises, Inc. et al

Filing 41

ORDER Denying 37 Motion to dismiss Plaintiffs' first amended complaint; Adopting Report and Recommendations re 40 Report and Recommendations. Defendants shall file their Answer to Plaintiffs' First Amended Complaint within fourteen (14) days from the date of this Order. Signed by Judge John Antoon II on 4/23/2012. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
LEE KINZER, TONY CHIRICO,
Plaintiffs,
-vs-

Case No. 6:11-cv-465-Orl-28KRS

NEXUS ENTERPRISES, INC., THIJS
STELLING,
Defendants.
______________________________________

ORDER
This case is before the Court on Defendants’ Motion to Dismiss Plaintiffs’ First
Amended Complaint (Doc. No. 37) filed January 18, 2012. The United States Magistrate
Judge has submitted a report recommending that the motion be denied.
After an independent de novo review of the record in this matter, and noting that no
objections were timely filed, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as
follows:
1.

That the Report and Recommendation filed March 28, 2012 (Doc. No. 40) is

ADOPTED and CONFIRMED and made a part of this Order.
2.

Defendants’ Motion to Dismiss Plaintiffs’ First Amended Complaint (Doc. No.

37) is DENIED.
3.

Defendants shall file their Answer to Plaintiffs’ First Amended Complaint within

fourteen (14) days from the date of this Order.

DONE and ORDERED in Chambers, Orlando, Florida this __23rd___ day of April,
2012.

Copies furnished to:
United States Magistrate Judge
Counsel of Record

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