Colony Insurance Company v. Village at Dadeland Condominium Association, Inc. et al
Filing
99
ORDER adopting 89 Report and Recommendation of Magistrate Judge and denying 38 Defendant Marcus's Motion to Dismiss. Signed by Judge Joan A. Lenard on 5/4/2010. (mhz)
UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 09-22369-CIV-LENARD/TURNOFF C O L O N Y INSURANCE COMPANY, P l a in tif f , v. V IL L A G E AT DADELAND C O N D O M I N IU M ASSOCIATION, I N C ., et al., D e f e n d a n ts . ________________________________/ O R D E R ADOPTING REPORT OF MAGISTRATE JUDGE (D.E. 89) AND D E N Y IN G DEFENDANT MARCUS'S MOTION TO DISMISS AND/OR STAY (D .E . 38) T H I S CAUSE is before the Court on the Report and Recommendation ("Report," D .E . 89), issued by Magistrate Judge William C. Turnoff on April 15, 2010, recommending th e Court deny Defendant Melissa Marcus's Motion to Dismiss Complaint and/or Stay P la in tif f 's Petition for Declaratory Relief ("Motion," D.E. 38), filed on December 29, 2009. D e f en d a n t Marcus's Motion was referred to the Magistrate Judge on March 17, 2010, and a hearing was held on April 14, 2010. The Report advised the Parties they had fourteen (14) d a ys to file any objections to the Magistrate Judge's findings. To date, no objections to the R e p o rt have been filed. Failure to timely file objections shall bar parties from attacking on ap p ea l the factual findings contained in the report. See Resolution Trust Corp. v. Hallmark B u ild e r s , Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Having reviewed the Report, the
M o tio n , and the related pleadings, it is hereby ORDERED AND ADJUDGED that: 1. T h e Report and Recommendation of the Magistrate Judge (D.E. 89), issued on A p r il 15, 2010, is ADOPTED; 2. D e f en d a n t Melissa Marcus's Motion to Dismiss Complaint and/or Stay P la in tif f 's Petition for Declaratory Relief ("Motion," D.E. 38), filed on D e c e m b e r 29, 2009, is DENIED. Defendant Marcus has fourteen (14) days f ro m the date of this Order to file her answer to Plaintiff's Complaint. DONE AND ORDERED in Chambers at Miami, Florida, this 4th day of May, 2010. ____________________________________ J O A N A. LENARD U N I T E D STATES DISTRICT JUDGE
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