BURGER KING CORPORATION v. CABRERA

THIS CAUSE comes before the Court upon Plaintiff's Motion for Preliminary Injunction [D.E. 11].

THE COURT referred the matter to the Honorable United States Magistrate Judge Edwin G. Torres pursuant to 28 U.S.C. § 636 and the Magistrate Rules for the Southern District of Florida [D.E. 35]. Judge Torres issued a Report and Recommendation [D.E. 76] recommending that the Motion be Denied. Plaintiff has objected to the report [D.E. 82] and Defendants have responded to the objections [D.E. 89].

THE COURT has conducted an independent review of the record and is otherwise fully advised in the premises. Accordingly, it is hereby ORDERED AND ADJUDGED that the Magistrate Judge's Report [D.E. 76] is AFFIRMED, ADOPTED AND RATIFIED in its entirety. It is further

ORDERED AND ADJUDGED that is Plaintiff's Motion for Preliminary Injunction [D.E. 11] is DENIED. DONE AND ORDERED in Chambers at Miami, Florida, this 15^th day of February, 2011.