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)

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

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