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MARCIANO v. FAIRWINDS FINANCIAL SERVICES, LLC, 6:15-cv-1907-Orl-41KRS. (2016)

Court: District Court, M.D. Florida Number: infdco20160617957 Visitors: 6
Filed: Jun. 16, 2016
Latest Update: Jun. 16, 2016
Summary: ORDER CARLOS E. MENDOZA , District Judge . THIS CAUSE is before the Court on Plaintiff's Motion to Drop a Party (Doc. 28). United States Magistrate Judge Karla R. Spaulding submitted a Report and Recommendation (the "R&R," Doc. 32), which recommends that the motion be granted and that Plaintiff's claims as to Defendant Fairwinds Financial Services, LLC ("Fairwinds Financial") be dismissed without prejudice. After an independent de novo review of the record and noting that no objections w
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ORDER

THIS CAUSE is before the Court on Plaintiff's Motion to Drop a Party (Doc. 28). United States Magistrate Judge Karla R. Spaulding submitted a Report and Recommendation (the "R&R," Doc. 32), which recommends that the motion be granted and that Plaintiff's claims as to Defendant Fairwinds Financial Services, LLC ("Fairwinds Financial") be dismissed without prejudice.

After an independent de novo review of the record and noting that no objections were timely filed, the Court agrees with the findings of fact and conclusions of law in the R&R. Additionally, because Fairwinds Financial is no longer a party, Defendants' previously filed Motion to Dismiss (Doc. 22), which takes issue with Plaintiff's failure to distinguish between the two Defendants, is moot and will be denied as such.

Accordingly, it is ORDERED and ADJUDGED as follows:

1. The Report and Recommendation (Doc. 32) is ADOPTED and CONFIRMED and made a part of this Order. 2. The Motion to Drop a Party (Doc. 28) is GRANTED. 3. Defendant Fairwinds Financial Services, LLC is DISMISSED without prejudice, and the Clerk is directed to terminate Fairwinds Financial Services, LLC as a Defendant. 4. The Motion to Dismiss (Doc. 22) is DENIED as moot.

DONE and ORDERED.

Source:  Leagle

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