Bicz v. Colliers International, Inc. et al

Middle District of Florida, flmd-8:2017-cv-01840

ORDER granting {{93}} Defendant Chris L. Kirwin's Motion to Dismiss Third Amended Complaint for Lack of Personal Jurisdiction; granting in part and denying in part {{97}} Defendant Patrich Jett's and Randall Book's Amended Motion to Dismiss Third Amended Complaint; granting in part and denying in part {{125}} Defendant Colliers International Detroit, LLC's, Motion to Dismiss Third Amended Complaint; adopting {{160}} Report and Recommendations. See Order for details. Signed by Judge Elizabeth A. Kovachevich on 9/26/2019. (RLH)

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PageID 2556 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DANIELS. BICZ, Plaintiff, V. Case No.: 8:l 7-cv-1840-EAK-CPT COLLIERS INTERNATIONAL OF DETROIT, LLC, et al., Defendants. ORDER Currently before the undersigned is the Report and Recommendation ("R&R") of United States Magistrate Judge Christopher P. Tuite. (Doc. 160). By his R&R, Judge Tuite recommends that Defendants Chris Kirwin's, Patrich Jett's, Randall Book's, and Colliers International Detroit, LLC's ("Colliers") motions to dismiss, (Docs. 93, 97, 125), be granted in part and denied in part, (Doc. 160). Jett, Book, and Colliers object in part. (Doc. 279). Biez responds in opposition to the objections. (Doc. 165). Under the Federal Magistrates Act ("Act"), Congress vests Article III judges with the power to "designate a magistrate judge to hear and determine any pretrial matter pending before the court," subject to various exceptions. 28 U.S.C. § 636(b)(l)(A). The Act further vests magistrate judges with authority to submit proposed findings of fact and recommendations for disposition by an Article III judge. PageID 2557 Id. § 636(b)(l)(B). "Within fourteen days 1 after being served with a copy [of a magistrate judge's report and recommendation], any party may serve and file written objections to [the magistrate judge's] proposed findings and recommendations." Id. § 636(b)(l). On review, the district judge "shall make a de novo determination of those portions of the report. . . to which objection is made." Id. When no timely and specific objections are made, caselaw indicates the district judge should review the magistrate judge's proposed findings and recommendations using a clearly erroneous standard. See Gropp v. United Airlines, Inc., 817 F. Supp. 1558, 1562 (M.D. Fla. 1993). The Court has conducted a searching, de novo review of those fmdings and recommendations to which Jett, Book, and Colliers object. Upon careful consideration, the undersigned concludes that the objections lack merit. The objections are OVERRULED. As to those findings and recommendations to which no objection was made, the undersigned concludes that those fmdings and recommendations are well-reasoned, correct, and not clearly erroneous. Accordingly, Judge Tuite's R&R, (Doc. 160), is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. Kirwin's, Jett's, Book's, and Colliers' motions to dismiss, (Docs. 93, 97, 125), are GRANTED IN PART and DENIED IN PART as follows: 1Here, Judge Tuite ordered any objections be filed within seven days. (Doc. 160). Upon motion by Jett, Book, and Colliers, the undersigned allotted an additional three days. (Doc. 163). 2 PageID 2558 1. Kirwin is DISMISSED from the litigation for want of personal jurisdiction. 2. Count IV of Bicz's third amended complaint, (Doc. 91), is DISMISSED pursuant to Rule 12(b)(6), Fed. R. Civ. P. 3. Counts I-III of Bicz's third-amended complaint survive. Jett, Book, and Colliers shall answer the allegations against them on or before October 9, 2019. Further, on or before October 16, 2019, the parties shall confer for the purposes of preparing and filing a joint, second-amended case management report. The parties shall file the second-amended case management report, which shall include new proposed dates for all remaining case dates and deadlines, on or before October 24, 2019. ORDERED in Chambers, in Tampa, Florida, t h ~ Jif of September, 2019. Copies furnished t:o~:- - - - - - - - - - - - - - - - - - - - - .; ._ _ __ Counsel/Parties of Record 3