United States of America et al v. Credico (USA) Inc.

Filing 71

ORDER ADOPTING MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS: Adopting 70 Report and Recommendations on granting 47 Motion to Dismiss filed by Credico (USA) LLC. Certificate of Appealability: No Ruling (Amended Complaint due by 11/6/2021.) Signed by Judge Aileen M. Cannon on 11/19/2021. See attached document for full details. (jao)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 20-23904-CIV-CANNON/Otazo-Reyes UNITED STATES OF AMERICA and NALISA SIMONA SAATI, v. Plaintiffs, CREDICO (USA) INC. and CREDICO (USA) LLC, Defendants. ________________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS THIS CAUSE is before the Court upon Defendant’s Motion to Dismiss First Amended Complaint (the “Motion”) [ECF No. 47], filed on April 15, 2021. On August 9, 2021, the Court referred the case to Magistrate Judge Alicia M. Otazo-Reyes for a ruling on all pretrial, nondispositive matters and for a Report and Recommendation on any dispositive matters [ECF No. 54]. On November 3, 2021, Judge Otazo-Reyes issued a Report (“R&R”) recommending that the Motion be granted [ECF No. 70]. The R&R states that the parties shall file any objections within fourteen days of the date of the R&R [ECF No. 70 pp. 9]. To date, Plaintiffs have not filed any objections nor sought additional time to do so. Nevertheless, the Court has conducted a de novo review of the R&R and is otherwise fully advised in the premises. See Williams v. McNeil, 557 F.3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)). Upon review, the Court finds the R&R to be well reasoned and correct. The Court therefore agrees with the analysis in the R&R and concludes that the Motion should be GRANTED for the reasons set forth therein. CASE NO. 20-23904-CIV-CANNON/Otazo-Reyes Accordingly, it is ORDERED and ADJUDGED as follows: 1. The R&R [ECF No. 70] is ADOPTED. 2. The Motion [ECF No. 47] is GRANTED. 3. The Fourth and Fifth Claims of Plaintiffs’ First Amended Complaint [ECF No. 23] are DISMISSED WITH PREJUDICE. 4. The First, Second, and Third Claims of Plaintiffs’ First Amended Complaint [ECF No. 23] are DISMISSED WITHOUT PREJUDICE. Plaintiffs may file an Amended Complaint that cures the pleading deficiencies outlined in the R&R on or before December 6, 2021. DONE AND ORDERED in Chambers at Fort Pierce, Florida this 19th day of November 2021. cc: _________________________________ AILEEN M. CANNON UNITED STATES DISTRICT JUDGE counsel of record 2

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