Goldstein v. Luxottica of America Inc.

Filing 36

ORDER ADOPTING 33 REPORT AND RECOMMENDATION which grants 22 Motion to Dismiss for Failure to State a Claim filed by Luxottica of America Inc. Certificate of Appealability: No Ruling. Plaintiff's First Amended Class Action Complaint [ECF No. 16] is DISMISSED WITH PREJUDICE. The Clerk of Court shall CLOSE this case. Closing Case. Signed by Judge Aileen M. Cannon on 9/8/2021. See attached document for full details. (scn)

Case 9:21-cv-80546-AMC Document 36 Entered on FLSD Docket 09/09/2021 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
CASE NO. 21-80546-CIV-CANNON-Reinhart
JASON GOLDSTEIN,
v.

Plaintiff,

LUXOTTICA OF AMERICA INC.,
Defendant.

/
ORDER ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATIONS

THIS CAUSE is before the Court upon Defendant’s Motion to Dismiss Plaintiff’s First
Amended Class Action Complaint (the “Motion”) [ECF No. 22], filed on May 17, 2021. On
August 4, 2021, the Court referred the case to Magistrate Judge Bruce E. Reinhart for a Report
and Recommendation on any dispositive matters [ECF No. 32]. On August 27, 2021, Judge
Reinhart issued a Report and Recommendation (“R&R”) recommending that the Motion be
granted [ECF No. 33]. The R&R states that the parties shall file any objections within fourteen
days of the date of service of the R&R [ECF No. 33, pp. 5–6]. Plaintiff timely filed an Objection
to the R&R on September 7, 2021 [ECF No. 35].
The Court has conducted a de novo review of the R&R, Plaintiff’s Objection, and the record
in this case 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 9:21-cv-80546-AMC Document 36 Entered on FLSD Docket 09/09/2021 Page 2 of 2
CASE NO. 21-80546-CIV-CANNON-Reinhart
Accordingly, it is ORDERED and ADJUDGED as follows:
1.

The R&R [ECF No. 33] is ADOPTED.

2.

Defendant’s Motion to Dismiss Plaintiff’s First Amended Class Action Complaint
[ECF No. 22] is GRANTED.

3.

Plaintiff’s First Amended Class Action Complaint [ECF No. 16] is DISMISSED
WITH PREJUDICE.

4.

The Clerk of Court shall CLOSE this case.

DONE AND ORDERED in Chambers at Fort Pierce, Florida this 8th day of September
2021.

cc:

_________________________________
AILEEN M. CANNON
UNITED STATES DISTRICT JUDGE

counsel of record

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