The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 1:22-cv-21719-DPG
DANIEL AMY,
Plaintiff,
v.
THE FLORIDA INTERNATIONAL
UNIVERSITY BOARD OF TRUSTEES,
Defendant.
______________________________________/
ORDER
THIS CAUSE comes before the Court on the Florida International University Board of
Trustees’ (the “Defendant” or “FIU”) Motion to Dismiss the Second Through Fifteenth Claims of
Plaintiff’s Second Amended Complaint (the “Motion to Dismiss”) and Motion for Summary
Judgement (the “Motion for Summary Judgment”). [ECF Nos. 45, 55]. On January 8, 2024, the
Court referred this matter to Magistrate Judge Edwin Torres for a ruling on all pre-trial, non-
dispositive matters and a report and recommendation on all dispositive matters. [ECF Nos. 64, 65].
On November 20, 2024, Judge Torres entered a Report and Recommendation on Defendant’s
Motions to Dismiss and Motion for Summary Judgment. [ECF Nos. 66, 67].1 The parties have not
objected to the Report.
A district court may accept, reject, or modify a magistrate judge’s report and
recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which
1 The Magistrate Judge separately filed the same Report and Recommendation for each of the two motions. The Court
will treat the separately filed Reports and Recommendations as a single Report and Recommendation for the purposes
of this Order.
objections are made are accorded de novo review, if those objections “pinpoint the specific findings
that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see
also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific
objections are made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint
Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc.,
208 F. App’x 781, 784 (11th Cir. 2006).
The Court finds no clear error with the Magistrate Judge’s well-reasoned analysis and
agrees that the Motion for Summary Judgment should be granted and the Motion to Dismiss be
denied as moot.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Magistrate Judge Edwin G. Torres’s Report and Recommendation, [ECF Nos. 66,
67], is AFFIRMED AND ADOPTED and incorporated into this Order by
reference.
2. Defendant’s Motion for Summary Judgment [ECF No. 55] is GRANTED.
3. Defendant’s Motion to Dismiss [ECF No. 44], is DENIED as MOOT.
4. The Court will enter a separate judgment.
DONE AND ORDERED in Chambers at Miami, Florida, this 14th day of January, 2025.
of
Bld
UNITED STATES DIST JUDGE