REPORT AND RECOMMENDATION OF A UNITED STATES MAGISTRATE JUDGE

BARRY A. BRYANT, Magistrate Judge.

Before the Court is Defendants Freedom Trucking USA, LLC and JLS Trucking, Inc.'s Motion to Dismiss Claims for Gross Negligence/Punitive Damages and Direct Liability. ECF No. 22. Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3) (2009), the Honorable Susan O. Hickey referred this Motion to this Court for the purpose of making a report and recommendation.

With their Motion, Defendants claim Plaintiffs' allegations of gross negligence and direct liability should be dismissed in accordance with the requirements of Bell Atlantic Corporation v. Twombly, 550 U.S. 544 (2007) and Rule 8 of the Federal Rules of Civil Procedure. ECF No. 22. The Court has reviewed Plaintiffs' Second Amended Original Complaint and Jury Demand. ECF No. 20. Upon review of Defendant's Motion and this Complaint, the Court finds Plaintiffs should be granted leave to file a third amended complaint to further detail their factual allegations in support of their claims.

Accordingly, the Court recommends Defendants' Motion to Dismiss (ECF No. 22) be DENIED at this time without prejudice, and Plaintiffs be granted leave to file an amended complaint within ten (10) days. If Defendants find Plaintiffs' factual allegations are still not sufficient to support Plaintiffs' causes of action and damage claims, they may re-urge their motion to dismiss within ten (10) days after Plaintiffs file their third amended complaint.

The Parties have fourteen (14) days from receipt of this Report and Recommendation in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The Parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. See Thompson v. Nix, 897 F.2d 356, 357 (8th Cir. 1990).