KRATT ET AL v. BURNS ET AL

Filing 49

ORDER - Adopting 43 Report and Recommendation. - The motions to dismiss 29 filed by REGIONS BANK, and 31 filed by RUTLAND COMPANY, RUTLAND RESORT PROPERTIES, JEFFREY BURNS, DONALD RUTLAND, JUDITH RUTLAND, are Granted and thi s cause as to all Defendants is Dismissed for lack of subject matter jurisdiction. Dismissal of the federal claims shall be with prejudice. Dismissal of the state law claims shall be without prejudice. - Plaintiffs' 19 Motion for Preliminary Injunctive relief is Denied as moot. - The clerk is directed to close this case. Signed by SENIOR JUDGE ROGER VINSON on August 14, 2009. (cbj)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION FRED KRATT and PEGGY KRATT, Plaintiffs, vs. JEFFREY BURNS, et al., Defendants. ____________________________/ ORDER This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated July 2, 2009 (Doc. 43). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections. Having considered the Report and Recommendation, and any timely filed objections thereto timely filed, I have determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order. 2. The motions to dismiss pursuant to Fed. R. Civ. P. 12 filed by Defendant Regions Bank (Doc. 29) and by Defendants Jeffrey Burns; Donald Rutland; Judith Rutland; The Rutland Company; and Rutland Resort Properties (Doc. 31) are GRANTED and this cause as to all Defendants is DISMISSED for lack of subject matter jurisdiction. Dismissal of the federal claims shall be with prejudice. Dismissal of the state law claims shall be without prejudice. Case No. 3:08cv464/RV/EMT

Page 2 of 2

3. The motion for preliminary injunctive relief (Doc. 19) is DENIED as moot. 4. The clerk is directed to CLOSE this case. DONE AND ORDERED this 14th day of August, 2009.

/s/ Roger Vinson ROGER VINSON SENIOR UNITED STATES DISTRICT JUDGE

Case No. 3:08cv464/RV/EMT