Hoti v. Bank Of America, N.A., et al

Filing 74

ORDER ADOPTING MAGISTRATE JUDGES REPORT AND RECOMMENDATION,granting in part and denying in part 41 Motion to Dismiss for Failure to State a Claim; granting 43 Motion to Dismiss for Failure to State a Claim; granting 53 Motion to Dismiss; Ado pting 70 Report and Recommendations on 41 Motion to Dismiss for Failure to State a Claim filed by The Palm Beach Sheriffs Office, 43 Motion to Dismiss for Failure to State a Claim filed by The Marinosci Law Group, P.C., 53 Motion to Dismiss, filed by The County of Palm Beach, Florida, 70 Report and Recommendations. Certificate of Appealability: No Ruling. Signed by Judge Robin L. Rosenberg on 8/6/2021. See attached document for full details. (mee)

Case 9:18-cv-80657-RLR Document 74 Entered on FLSD Docket 08/06/2021 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 9:18-CV-80657-ROSENBERG/REINHART
SKENDER HOTI,
Plaintiff,
v.
BANK OF AMERICA, N.A., et al.,
Defendants.
/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
This matter is before the Court upon a Report and Recommendation [DE 70] on
Defendant Palm Beach Sheriff Ric Bradshaw’s (“PBSO”) Motion to Dismiss [DE 41],
Defendant Marinosci Law Group’s (“MLG”) Motion to Dismiss [DE 43], and Defendant Palm
Beach County’s (“PBC”) Motion to Dismiss [DE 53]. The case previously was referred to the
Honorable Bruce E. Reinhart, United States Magistrate Judge for the Southern District of
Florida. DE 2. Judge Reinhart issued the Report and Recommendation on July 21, 2021,
recommending that Defendant PBSO’s Motion to Dismiss [DE 41] be granted in part and denied
in part; that Defendant MLG’s Motion to Dismiss [DE 43] be granted; and that Defendant PBC’s
Motion to Dismiss [DE 53] be granted. On August 4, 2021, Plaintiff filed Objections to the
Report and Recommendation. DE 73.
The Court has reviewed the Report and Recommendation [DE 70], Plaintiff’s Objections
[DE 73], and the record, and is otherwise fully advised in the premises. The Court finds Judge
Reinhart’s conclusions and recommendation to be well reasoned and correct and agrees with the
analysis in the Report and Recommendation.

Case 9:18-cv-80657-RLR Document 74 Entered on FLSD Docket 08/06/2021 Page 2 of 2

For the foregoing reasons, it is hereby ORDERED and ADJUDGED that:
1. Magistrate Judge Reinhart’s Report and Recommendation [DE 70] is ADOPTED as the
Order of the Court.
2. Defendant PBSO’s Motion to Dismiss [DE 41] is GRANTED IN PART and DENIED
IN PART. Counts I and V brought by Plaintiff against Defendant PBSO are
DISMISSED WIHTOUT PRJEUDICE. Plaintiff shall have one final opportunity to
amend his Complaint as to Counts I and V against PBSO only. Plaintiff shall file his
Second Amended Complaint by no later than August 19, 2021. Counts II, III, and VI
brought against PBSO are DISMISSED WITH PREJUDICE.
3. Defendant MLG Motion to Dismiss [DE 43] is GRANTED. All claims brought by
Plaintiff against Defendant MLG (Counts I-III, V, and VI) are DISMISSED WITH
PREJUDICE.
4. Defendant PBC’s Motion to Dismiss [DE 53] is GRANTED. All claims brought by
Plaintiff against Defendant PBC (Counts I-III, V, and VI) are DISMISSED WITH
PREJUDICE.
DONE and ORDERED in Chambers, West Palm Beach, Florida, this 6th day of August,
2021.
_______________________________
ROBIN L. ROSENBERG
UNITED STATES DISTRICT JUDGE

Copies furnished to Plaintiff and Counsel of Record

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