Farrell v. Carey, P.A. et al

Filing 20

ORDER adopting 18 Report and Recommendation; denying as moot 8 Motion to Dismiss; granting 10 Motion for Leave to File Second Amended Complaint. Signed by Judge John Antoon II on 11/19/2012. (BRS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
BRIAN FARRELL,
Plaintiff,
-vs-

Case No. 6:12-cv-1206-Orl-28DAB

PATRICK A. CAREY, P.A., PATRICK
CAREY, ROBERT J. RIVERA,
Defendants.
______________________________________

ORDER
This case is before the Court on Defendants’ Motion to Dismiss (Doc. No. 8) filed
October 11, 2012, and Plaintiff’s Motion for Leave to File Second Amended Complaint (Doc.
10) filed October 24, 2012. The United States Magistrate Judge has submitted a report
recommending that the Motion to Dismiss be denied as moot and the Motion to File a
Second Amended Complaint be granted.
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 October 30, 2012 (Doc. No. 18)

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

Defendants’ Motion to Dismiss (Doc. No. 8) is DENIED as moot.

3.

Plaintiff’s Motion for Leave to File Second Amended Complaint (Doc. No. 10)

is GRANTED.
4.

The Clerk of the Court is directed to file the Second Amended Complaint filed

at docket entry 10-1, as a separate docket entry.
DONE and ORDERED in Chambers, Orlando, Florida this 19th day of November,
2012.

Copies furnished to:
United States Magistrate Judge
Counsel of Record
Unrepresented Party

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