Rosario v. Walters et al

Filing 47

ORDER granting 12 motion to dismiss; Adopting Report and Recommendations - re 31 Report and Recommendations. The Complaint (Doc. 1) is DISMISSED without prejudice. On or before February 27, 2017, Plaintiff shall file an Amended Complaint if she can state a claim in accordance with the R&R. Signed by Judge Carlos E. Mendoza on 2/6/2017. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

MILCA O. ROSARIO,
Plaintiff,
v.

Case No: 6:16-cv-1492-Orl-41DCI

BARBARA WALTERS and WARNER
BROTHERS STUDIOS,
Defendants.
/
ORDER
THIS CAUSE is before the Court on Defendant Warner Brothers Studios Motion to
Dismiss (Doc. 12). United States Magistrate Judge Daniel C. Irick submitted a Report and
Recommendation (“R&R,” Doc. 31), in which he recommends that the Motion to Dismiss be
granted and the Complaint (Doc. 1) be dismissed without prejudice. Judge Irick further
recommends that Plaintiff be given an opportunity to amend. Plaintiff filed an Objection (Doc.
33), to which Defendant filed a Response (Doc. 34).
After a de novo review of the record, the Court agrees with the analysis in the R&R.
Plaintiff’s objection fails to specify any proposed factual or legal conclusion to which she objects
and does not otherwise establish error in the R&R.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 31) is ADOPTED and CONFIRMED and
made a part of this Order.
2. Defendant’s Motion to Dismiss (Doc. 12) is GRANTED.
3. The Complaint (Doc. 1) is DISMISSED without prejudice.

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4. On or before February 27, 2017, Plaintiff shall file an Amended Complaint if she
can state a claim in accordance with the R&R. Failure to timely file may result in
the dismissal of this case without further notice.
DONE and ORDERED in Orlando, Florida on February 6, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Party

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