Epson America, Inc. v. Safe Space Scan Technology LLC
Filing
58
ORDER ADOPTING MAGISTRATE'S 50 REPORT AND RECOMMENDATION. The Defendant's Motion to Dismiss [DE 33] is GRANTED. The complaint [DE 1] is DISMISSED without prejudice. ( Amended Complaint due by 11/1/2024.) Signed by Judge Robin L. Rosenberg on 10/23/2024. See attached document for full details. (kpe)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 24-CV-80583-ROSENBERG
EPSON AMERICA, INC.,
Plaintiff,
v.
SAFE SPACE SCAN TECHNOLOGY LLC
d/b/a AWOL VISION,
Defendant.
____________________________________/
ORDER ADOPTING MAGISTRATE’S REPORT AND RECOMMENDATION
This matter is before the Court upon the Defendant’s Motion to Dismiss at docket entry 33.
The Court referred the motion for a report and recommendation at docket entry 41. On September
13, 2024, Magistrate Judge Reinhart issued a Report and Recommendation recommending that the
undersigned grant the motion and dismiss the complaint without prejudice. DE 50. The Plaintiff filed
objections at docket entry 54. Defendant responded at docket entry 55.
The Court has conducted a de novo review of Magistrate Judge Reinhart’s Report and
Recommendation, the objections, the response to the objections, and the complaint and is otherwise
fully advised in the premises of the motion to dismiss. The Court agrees with the analysis and
conclusions in the Report and Recommendation and finds Magistrate Judge Reinhart’s
recommendation to be well reasoned and correct.
For the foregoing reasons, it is ORDERED AND ADJUDGED as follows:
1. Magistrate Judge Reinhart’s Report and Recommendation [DE 50] is hereby ADOPTED in
its entirety,
2. The Defendant’s Motion to Dismiss [DE 33] is GRANTED,
3. The complaint [DE 1] is DISMISSED without prejudice, and
4. Plaintiff is GRANTED leave to amend the complaint. If Plaintiff wishes to file an Amended
Complaint, it shall do so on or before November 1, 2024.
DONE and ORDERED in Chambers, West Palm Beach, Florida, this 23rd day of October, 2024.
_______________________________
ROBIN L. ROSENBERG
UNITED STATES DISTRICT JUDGE
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