ORDER

CALLIE V.S. GRANADE, Senior District Judge.

This matter is before the Court on the Report and Recommendation ("R&R") of the Magistrate Judge, dated June 4, 2018, wherein the Magistrate Judge recommends Defendant Fairhope Yacht Club's ("FYC") motion to dismiss be denied. (Doc. 39). FYC has filed a timely objection to the R&R (Doc. 44), Plaintiffs Robert Luiten and Lennard Luiten responded in opposition (Doc. 54), and FYC filed a subsequent reply (Doc. 57). After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the Court overrules FYC's objections and adopts the Magistrate Judge's findings as the opinion of this Court.

As a preliminary matter, the undersigned notes that this Court has previously addressed and rejected the "duty" arguments FYC makes in this case. (See Doc. 78).1 Accordingly, the undersigned adopts and incorporates by reference the analysis of this Court's Order adopting the Magistrate Judge's R&R, which denied FYC's motion to dismiss Plaintiff Jane Brown's Complaint. Id. Thus, FYC's objections are overruled, and the Recommendation of the Magistrate Judge under 28 U.S.C. § 636(b)(1)(B) and dated June 4, 2018 is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Defendant's Motion to Dismiss Plaintiffs Robert Luiten and Lennard Luiten's Complaint is DENIED.

DONE and ORDERED.