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govinfo:USCOURTS-flsd-9_24-cv-80583-1

U.S. District Court for the Southern District of Florida · 2024-10-23

· GavelSight synced 2026-09-06 03:49:27

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CAS
E NO. 24-CV-80583-ROSENBERG 
E
PSON AMERICA, INC., 
P
laintiff, 
v.
 
S
AFE SPACE SCAN TECHNOLOGY LLC 
d/b/a AWOL VISION,  
D
efendant. 
____________________________________/ 
O
RDER ADOPTING MAGISTRATE’S REPORT AND RECOMMENDATION 
T
his matter is before the Court upon the Defendant’s Motion to Dismiss at docket entry 33.  
The Court referred the motion for a report and recommendation at docket entry 41.  On September 
13, 2024, Magistrate Judge Reinhart issued a Report and Recommendation recommending that the 
undersigned grant the motion and dismiss the complaint without prejudice. DE 50.  The Plaintiff filed 
objections at docket entry 54.  Defendant responded at docket entry 55.  
The Court ha s conducted a de novo review of Magistrate Judge Reinhart’s Report and 
Recommendation, the objections, the response to the objections, and the complaint and is otherwise 
fully advised in the premises  of the motion to dismiss . The Court agrees with the analysis and 
conclusions in the Report and Recommendation and finds Magistrate Judge Reinhart’s 
recommendation to be well reasoned and correct. 
For the foregoing reasons, it is ORDERED AND ADJUDGED as follows: 
1. Magistrate Judge Reinhart’s Report and Recommendation [DE 50] is hereby ADOPTED in 
its entirety,
2. The Defendant’s Motion to Dismiss [DE 33] is GRANTED,
Case 9:24-cv-80583-RLR   Document 58   Entered on FLSD Docket 10/23/2024   Page 1 of 2
3. The complaint [DE 1] is DISMISSED without prejudice, and
4. Plaintiff
 is GRANTED leave to amend the complaint.  If Plaintiff wishes to file an Amended
Complaint, it shall do so on or before November 1, 2024.
DONE
 and ORDERED in Chambers, West Palm Beach, Florida, this 23rd day of October, 2024. 
_____________________
__________
ROBIN L. ROSENBERG 
UNITED STATES DISTRICT JUDGE 
Case 9:24-cv-80583-RLR   Document 58   Entered on FLSD Docket 10/23/2024   Page 2 of 2

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