3:09-cv-01240 | M.D. Fla. | Mar 28, 2011

Case 3:09-cv-01240-TJC-TEM Document 55 Filed 03/28/11 Page 1 of 2 PageID 470

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION A.L., a minor child, by and through her natural mother and next friend, MARY JEAN LeBLANC,

Plaintiff, vs. Case No. 3:09-cv-1240-J-32TEM STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES, PARTNERSHIP FOR STRONG FAMILIES, INC., a Florida non-profit corporation, JENNIFER CRAPSE, an individual, PAULA ALLEN, an individual, TRICIA WESTLAND, an individual, and THE DEVEREUX FOUNDATION, INC., a foreign non-profit corporation,

Defendants. ORDER This case is before the Court on defendant’s Motion to Dismiss Plaintiff’s Third Amended Complaint and plaintiff’s response thereto. The assigned United States Magistrate Judge issued a Report and Recommendation (Doc. 50), recommending that defendant’s Motion to Dismiss (Doc. 38) be denied. Upon independent review of the file, it is hereby

ORDERED : 1. The Report and Recommendation (Doc. 50) of the Magistrate Judge is

ADOPTED as the opinion of the Court. 2. Defendant’s Motion to Dismiss (Doc. 38) is DENIED . 3. Plaintiff’s Second Unopposed Motion for Leave to File Fourth Amended

Case 3:09-cv-01240-TJC-TEM Document 55 Filed 03/28/11 Page 2 of 2 PageID 471 Complaint and Add Party Defendants (Doc. 51) is GRANTED . 4. No later than April 4, 2011, plaintiff will file its’ Fourth Amended Complaint and serve it forthwith on the new defendants. No later than April 29, 2011, all defendants will file Answers to the Fourth Amended Complaint. [1]

DONE AND ORDERED at Jacksonville, Florida this 28th day of March, 2011. mg. Copies: Honorable Thomas E. Morris United States Magistrate Judge counsel of record pro se parties

NOTES

[1] If they have a basis to do so, the new defendants may instead move to dismiss. 2