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United States District Court for the Middle District of Florida, Orlando Division
September 15, 2008, Decided; September 15, 2008, Filed
Case No. 6:08-cv-1168-Orl-28GJK
This case is before the Court on Defendant's Motion to Dismiss (Doc. No. 25) filed September 10, 2007. The United States Magistrate Judge has submitted a report recommending that the motion be granted.
After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions [*2] of law in the Report and Recommendation. Therefore, it is ORDERED as follows:
1. That the Report and Recommendation filed August 29, 2008 (Doc. No. 76) is ADOPTED and CONFIRMED and made a part of this Order.
2. Defendant's Motion to Dismiss (Doc. No. 25) is GRANTED and the Complaint (Doc. No. 1) is dismissed .
3. Plaintiff is granted leave to file an amended complaint but must do so within eleven (11) days from the date of this Order.
DONE and ORDERED in Chambers, Orlando, Florida this 15 day of September, 2008.
/s/ John Antoon
JOHN ANTOON II
United States District Judge
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2008 U.S. Dist. LEXIS 69806 *; 2008 WL 4329876
DEREK B. BRETT, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, Plaintiffs, -vs- TOYOTA MOTOR SALES, U.S.A., INC., Defendant.
Prior History: Brett v. Toyota Motor Sales, U.S.A., Inc., 2008 U.S. Dist. LEXIS 114462 (M.D. Fla., Aug. 29, 2008)