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)

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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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