Filed: Aug. 28, 2017
Latest Update: Aug. 28, 2017
Summary: ORDER TIMOTHY J. CORRIGAN , District Judge . This case is before the Court on the Defendants' Motion to Dismiss Plaintiffs' Amended Class Action Complaint (Doc. 39) and Defendants' Motion to Sever and Dismiss Out-of-State Plaintiffs' Amended Claims (Doc. 40). On August 8, 2017, the assigned United States Magistrate Judge issued a Report and Recommendation (Doc. 48) recommending that: (1) Defendants' Motion to Dismiss Plaintiffs' Amended Class Action Complaint be granted to the extent that
Summary: ORDER TIMOTHY J. CORRIGAN , District Judge . This case is before the Court on the Defendants' Motion to Dismiss Plaintiffs' Amended Class Action Complaint (Doc. 39) and Defendants' Motion to Sever and Dismiss Out-of-State Plaintiffs' Amended Claims (Doc. 40). On August 8, 2017, the assigned United States Magistrate Judge issued a Report and Recommendation (Doc. 48) recommending that: (1) Defendants' Motion to Dismiss Plaintiffs' Amended Class Action Complaint be granted to the extent that t..
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ORDER
TIMOTHY J. CORRIGAN, District Judge.
This case is before the Court on the Defendants' Motion to Dismiss Plaintiffs' Amended Class Action Complaint (Doc. 39) and Defendants' Motion to Sever and Dismiss Out-of-State Plaintiffs' Amended Claims (Doc. 40). On August 8, 2017, the assigned United States Magistrate Judge issued a Report and Recommendation (Doc. 48) recommending that: (1) Defendants' Motion to Dismiss Plaintiffs' Amended Class Action Complaint be granted to the extent that the entire Amended Complaint should be dismissed without prejudice; (2) Plaintiffs be permitted to file a second amended complaint repleading only individual claims within 14 days of the entry of an Order on the Motion; and (3) Defendants' Motion to Sever and Dismiss Out-of-State Plaintiffs' Amended Claims be found moot.
No party has filed an objection to the Report and Recommendation, and the time in which to do so has passed. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); M.D. Fla. R. 6.02(a).
Upon de novo review and for the reasons stated in the Report and Recommendation (Doc. 48), it is hereby
ORDERED:
1. The Report and Recommendation of the Magistrate Judge (Doc. 48) is ADOPTED as the opinion of the Court.
2. Defendants' Motion to Dismiss Plaintiffs' Amended Class Action Complaint (Doc. 39) is GRANTED to the extent that the Amended Class Action Complaint (Doc. 38) is DISMISSED without prejudice.
3. Defendants' Motion to Sever and Dismiss Out-of-State Plaintiffs' Amended Claims (Doc. 40) is MOOT.
4. Plaintiffs shall file a second amended complaint, repleading only individual claims, by September 25, 2017.
5. Defendants shall file an answer or motion to dismiss by October 16, 2017.
DONE AND ORDERED.