VERO TECHNICAL SUPPORT, INC. v. U.S. DEPT. OF DEFENSE (S.D.Fla. 8-18-2010)

THIS CAUSE comes before the Court upon Defendant's Motion to Dismiss [D.E. 15] and Plaintiff's Applications for Temporary Restraining Order [D.E. 25] and for Preliminary Injunction [D.E. 3].

THE MATTER was referred to the Honorable United States Magistrate Judge Frank J. Lynch pursuant to 28 U.S.C. § 636 and the Magistrate Rules for the Southern District of Florida [D.E. 7, 27]. Judge Lynch issued a Report and Recommendation [D.E. 29] recommending that Defendants' Motion to Dismiss be granted for lack of subject matter jurisdiction and that Plaintiff's applications for temporary restraining order and preliminary injunction be denied without prejudice. Plaintiff has filed objections to the report.

THE COURT has conducted an independent review of the record and is otherwise fully advised in the premises. Based thereon, it is hereby

ORDERED AND ADJUDGED that the Magistrate Judge's Report [D.E. 29] is AFFIRMED, ADOPTED AND RATIFIED in its entirety. It is further

ORDERED AND ADJUDGED that Defendants' Motion to Dismiss [D.E. 15] is GRANTED. This matter is dismissed for lack of subject matter jurisdiction. It is further

ORDERED AND ADJUDGED that Plaintiff's Applications for Temporary Restraining Order [D.E. 25] and Preliminary Injunction [D.E. 3] is DENIED without prejudice. It is further

ORDERED AND ADJUDGED that this case is CLOSED and any pending motions are DENIED as moot.

DONE AND ORDERED in Chambers at Miami, Florida, this 17^th day of August, 2010.