Farrell v. Carey, P.A. et al

Filing 25

ORDER adopting 24 REPORT AND RECOMMENDATION; granting 22 MOTION to dismiss Second Amended Complaint; dismissing the Second Amended Complaint with prejudice as to the Fair Debt Collections Practices Act claim and without prejudice as to the pursuit of any state law claim in the appropriate forum; directing the Clerk of the Court to close this file. Signed by Judge John Antoon II on 1/8/2013. (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 Second Amended
Complaint (Doc. No. 22) filed November 27, 2012. The United States Magistrate Judge has
submitted a report recommending that the motion 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 December 19, 2012 (Doc. No. 24)

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

Defendants’ Motion to Dismiss Second Amended Complaint (Doc. No. 22) is

3.

The Second Amended Complaint is dismissed with prejudice as to the Fair

Debt Collections Practices Act claim and without prejudice as to the pursuit of any state law
claim in the appropriate forum.
4.

The Clerk of the Court is directed to close this file.

DONE and ORDERED in Chambers, Orlando, Florida this 8th day of January, 2013.

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

-2-