Filed: Jun. 25, 2018
Latest Update: Jun. 25, 2018
Summary: ORDER JOHN ANTOON, II , District Judge . This case is before the Court on the Report and Recommendation (Doc. 47) filed by the assigned United States Magistrate Judge following Plaintiff's Response (Doc. 39) to the magistrate judge's Order to Show Cause (Doc. 35) why the Complaint (Doc. 1) should not be dismissed without prejudice for improper joinder. In the Report, the magistrate judge found Plaintiff's Response to be inadequate, and the Report recommends: that the Court dismiss the Compl
Summary: ORDER JOHN ANTOON, II , District Judge . This case is before the Court on the Report and Recommendation (Doc. 47) filed by the assigned United States Magistrate Judge following Plaintiff's Response (Doc. 39) to the magistrate judge's Order to Show Cause (Doc. 35) why the Complaint (Doc. 1) should not be dismissed without prejudice for improper joinder. In the Report, the magistrate judge found Plaintiff's Response to be inadequate, and the Report recommends: that the Court dismiss the Compla..
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ORDER
JOHN ANTOON, II, District Judge.
This case is before the Court on the Report and Recommendation (Doc. 47) filed by the assigned United States Magistrate Judge following Plaintiff's Response (Doc. 39) to the magistrate judge's Order to Show Cause (Doc. 35) why the Complaint (Doc. 1) should not be dismissed without prejudice for improper joinder. In the Report, the magistrate judge found Plaintiff's Response to be inadequate, and the Report recommends: that the Court dismiss the Complaint without prejudice; that any claims against Defendants Pointe Orlando Development Company, The Johnny Rockets Group, and Giano Gelato, LLC be severed from this case and those Defendants be dropped as parties from this case; that the Clerk be directed to terminate Defendants Pointe Orlando Development Company, The Johnny Rockets Group, and Giano Gelato, LLC from this action; that Plaintiff be directed to either (a) file an amended complaint alleging only claims related to Defendant Funky Monkey, Inc. or (b) file a notice of voluntary dismissal as to Defendant Funky Monkey, Inc.; and that Plaintiff be permitted to file three separate actions as to Defendants Pointe Orlando Development Company, The Johnny Rockets Group, and Giano Gelato, LLC.1
No party has filed an Objection to the Report, and the time for filing objections has passed. And the same day that the Report was filed, Plaintiff filed a notice of voluntary dismissal as to Defendant Funky Monkey, Inc. (Doc. 48).
After review of the record in this matter, and noting that no objection has been filed and that Plaintiff has filed a notice of voluntary dismissal as to Funky Monkey, Inc., the Court agrees with the findings and conclusions in the Report and Recommendation. Therefore, it is ORDERED as follows:
1. The Report and Recommendation (Doc. 47) is ADOPTED and CONFIRMED and made a part of this Order.
2. Plaintiff's claims against Defendants Pointe Orlando Development Company, The Johnny Rockets Group, and Giano Gelato, LLC are SEVERED from this case, and these Defendants are DROPPED as parties to this case. The Clerk is directed to terminate Defendants Pointe Orlando Development Company, The Johnny Rockets Group, and Giano Gelato, LLC as parties to this action. Plaintiff may filed three separate actions as to Defendants Pointe Orlando Development Company, The Johnny Rockets Group, and Giano Gelato, LLC.
3. The Complaint (Doc. 1) is DISMISSED without prejudice.
4. In light of Plaintiff's filing of a Notice of Voluntary Dismissal (Doc. 48) of Defendant Funky Monkey, Inc. since the issuance of the Report, the Clerk is directed to close this case.
