Steele v. Presbyterian Retirement Communities, Inc.

Filing 24

ORDER adopting 20 REPORT AND RECOMMENDATIONS re 9 MOTION to Dismiss Count V of Complaint and Incorporated Memorandum of Law filed by Presbyterian Retirement Communities, Inc. Count V is dismissed for lack of subject matter jurisdiction. The Court declines to exercise supplemental jurisdiction over Count IV. Count IV is DISMISSED without prejudice. Signed by Judge Paul G. Byron on 8/21/2017. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

RHONDA STEELE,
Plaintiff,
v.

Case No: 6:17-cv-871-Orl-40KRS

PRESBYTERIAN RETIREMENT
COMMUNITIES, INC.,
Defendant.
/
ORDER
This cause is before the Court on Defendant, Presbyterian Retirement
Communities, Inc.’s Motion to Dismiss Count V of Complaint (Doc. 9) filed on June 7,
2017. 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.

The Report and Recommendation filed August 3, 2017 (Doc. 20), is

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

The Motion to Dismiss Count V of Complaint (Doc. 9) is GRANTED. Count

V is dismissed for lack of subject matter jurisdiction.
3.

The Court declines to exercise supplemental jurisdiction over Count IV.

Count IV is DISMISSED without prejudice.

DONE AND ORDERED in Orlando, Florida on August 21, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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