*1 Case 6:06-cv-01162-MSS-KRS Document 30 Filed 10/18/06 Page 1 of 1 PageID 288

U NITED S TATES D ISTRICT C OURT

M IDDLE D ISTRICT OF F LORIDA

O RLANDO D IVISION

JUDITH PIEGZA, LAWRENCE PIEGZA,

Plaintiffs, -vs- Case No. 6:06-cv-1162-Orl-28KRS PHILLIP MORRIS USA, INC., TOBACCO INSTITUTE, INC., Defendants.

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R EPORT A ND R ECOMMENDATION

TO THE UNITED STATES DISTRICT COURT

This cause came on for consideration without oral argument on the following motions filed herein: Defendant The Tobacco Institute, Inc.’s Motion to Dismiss Plaintiff’s Amended Complaint, doc. no. 10; and Defendant Phillip Morris USA, Inc.’s Motion for Leave to Amend Its Answer and Affirmative Defenses, doc. no. 22.

The present case has been stayed. Doc. No. 28. Therefore, I respectfully recommend that the Court deny the present motions without prejudice to reassertion within twenty days after any order lifting the stay.

Failure to file written objections to the proposed findings and recommendations contained in this report within ten (10) days from the date of its filing shall bar an aggrieved party from attacking the factual findings on appeal.

Recommended in Orlando, Florida on October 18, 2006.

Karla R. Spaulding KARLA R. SPAULDING UNITED STATES MAGISTRATE JUDGE Copies furnished to:

Presiding District Judge

Counsel of Record

Unrepresented Party

Courtroom Deputy