JAMES WHITTEMORE, District Judge
BEFORE THE COURT is the Report and Recommendation submitted by the Magistrate Judge recommending that Defendant's Motion to Dismiss (Dkt. 10) be denied (Dkt. 30). Neither party filed written objections to the Report and Recommendation, and the time for doing so has expired.
After careful consideration of Report and Recommendation in conjunction with an independent examination of the file, the Court is of the opinion that the Report and Recommendation should be adopted, confirmed, and approved in all respects. Accordingly, it is ORDERED AND ADJUDGED:
1) The Report and Recommendation (Dkt. 30) is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review.
2) Defendant's Motion to Dismiss (Dkt. 10) is DENIED. DONE AND ORDERED in Tampa, Florida.