Colas v. Lourdes-Noreen McKeen Residence for Geriatric Care, Inc.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION

CASE NO. 21-81117-CIV-CANNON/Reinhart

RUTH COLAS,

Plaintiff, v.

LOURDES-NOREEN MCKEEN RESIDENCE FOR GERIATRIC CARE, INC,

Defendant. /

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS

THIS CAUSE comes before the Court upon the Magistrate Judge’s Report and Recommendation [ECF No. 19]. On August 12, 2021, Defendant filed a Motion to Dismiss Plaintiff’s Amended Complaint (the “Motion to Dismiss”) [ECF No. 12]. On August 30, 2021, the Court referred this matter to Magistrate Judge Bruce E. Reinhart for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters [ECF No. 14]. On September 29, 2021, Judge Reinhart issued a Report and Recommendation recommending that the Motion to Dismiss be granted as to all counts, and that Plaintiff be granted leave to file an amended complaint [ECF No. 19]. The Report and Recommendation states that the parties shall file any objections within fourteen days of the date of service of a copy of the Report and Recommendation [ECF No. 19 p. 19]. Neither party filed an objection, and the period for doing so has expired. See 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140, 149 (1985); Henley v. Johnson, 885 F.2d 790, 794 (11th Cir. 1989); 11th Cir. R. 3-1 (2016). CASE NO. 21-81117-CIV-CANNON/Reinhart

The Court has reviewed the record in this case and is otherwise fully advised in the premises. Upon review, the Court finds the Report and Recommendation to be well reasoned and correct. The Court therefore agrees with the analysis in the Report and Recommendation and concludes that the Motion to Dismiss should be GRANTED for the reasons set forth therein. Accordingly, it is ORDERED and ADJUDGED as follows: 1. The Report and Recommendation [ECF No. 19] is ADOPTED. 2. Defendant’s Motion to Dismiss (ECF No. 12) is GRANTED as to all counts. 3. Plaintiffs Amended Complaint [ECF No. 7] is DISMISSED WITHOUT PREJUDICE. 4. Plaintiffs request for leave to file a Second Amended Complaint is GRANTED. 5. Plaintiff will have one final opportunity to amend her complaint in this case, but she must do so on or before November 3, 2021. DONE AND ORDERED at Fort Pierce, Florida this 19th day of October 2021.

a2. UNITED STATES DISTRICT JUDGE ce: counsel of record