The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LUDMILLA WELLS,
Plaintiff,
v. Case No: 2:19-cv-859-JLB-NPM
BOARD OF TRUSTEES OF
FLORIDA GULF COAST
UNIVERSITY,
Defendant.
ORDER
The Magistrate Judge filed a Report and Recommendation (“R&R”) in this
matter on February 8, 2021, recommending that Defendant’s Motion to Dismiss
Plaintiff’s Amended Complaint (Doc. 15) be granted in part and denied in part.
(Doc. 36.) No objections have been filed.
A district judge may accept, reject, or modify the magistrate judge’s R&R.
28 U.S.C. § 636(b)(1)(C). The factual findings in the R&R need not be reviewed de
novo in the absence of an objection, but legal conclusions are always reviewed de
novo. Id.; Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994);
Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993).
After an independent review of the record—and noting that no objections
have been filed—the Court agrees with the well-reasoned R&R.
Accordingly, it is ORDERED that:
1. The Report and Recommendation (Doc. 36) is ADOPTED.
2. Defendant’s Motion to Dismiss Plaintiffs Amended Complaint (Doc.
15) is GRANTED in part and DENIED in part.
3. The Court DISMISSES Count II (retaliation under the Florida Civil
Rights Act), Count III (breach of contract), and Count IV (unjust
enrichment) of Plaintiff's Amended Complaint (Doc. 14) for lack of
subject matter jurisdiction.
4. On or before March 23, 2021, Plaintiff must file a Second Amended
Complaint consistent with the Report and Recommendation. (See
Doc. 36.)
5. Defendant’s Motion to Dismiss (Doc. 15) is DENIED to the extent it
seeks any greater or different relief than this Order grants.
ORDERED at Fort Myers, Florida, on March 9, 2021.
POT.
JOHN L. BADALAMENTI
UNITED STATES DISTRICT JUDGE