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Yulieth Machado, Tulio Machado v. Florida Davis

November 22, 2011

YULIETH MACHADO, TULIO MACHADO, PLAINTIFFS,
v.
FLORIDA DAVIS, INCORPORATED, DEFENDANT.



ORDER

This case is before the Court on Defendant's Motion to Dismiss (Doc. No. 41) filed September 16, 2011. The Motion to Dismiss was filed after Plaintiffs failed to attend the Court ordered mediation. The United States Magistrate Judge has submitted a report recommending that the request to dismiss the case with prejudice be denied, and the request for imposition of attorney's fees and costs be denied without prejudice.

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 of law in the Report and Recommendation. Therefore, it is ORDERED as follows:

1. That the Report and Recommendation filed October 28, 2011 (Doc. No. 47) is ADOPTED and CONFIRMED and made a part of this Order.

2. Defendant's Motion to Dismiss the case with prejudice is DENIED.

3. Defendant's request for imposition of attorney's fees and costs is DENIED without prejudice subject to filing a renewed motion specifically addressing Plaintiffs' failure to comply with Court orders.

Copies furnished to: United States Magistrate Judge Counsel of Record Unrepresented Party

20111122

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