ANNE CONWAY, District Judge
This cause is before the Court on the Motion to Dismiss Count I and Count II of the Complaint (Doc. No. 5), filed on April 4, 2008.
The United States Magistrate Judge has submitted a report recommending that the motion be granted with leave to amend Plaintiff's negligence claim.
After an independent de novo review of the record in this matter, including the objections filed by Plaintiff, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:
1. The Report and Recommendation filed July 7, 2008 (Doc. No. 24), is ADOPTED and CONFIRMED and made a part of this Order.
2. The Motion to Dismiss Count I and Count II of the Complaint is GRANTED. Count I of the complaint is DISMISSED without prejudice, and with leave to amend Plaintiff's negligence claim no later than August 20, 2008. In amending the complaint, Plaintiff is cautioned that any claim based on a duty allegedly arising from the language of Certification/Limitation No. 6 shall be DISMISSED. Finally, Count II of the complaint is DISMISSED with prejudice.
DONE and ORDERED in Chambers, in Orlando, Florida.