ANNE C. CONWAY, United States District Judge
This cause is before the Court on Defendant Main Street Investments' Motion to Dismiss (Doc. No. 49) filed December 10, 2001, and on Defendant John Norman's Motion to Dismiss (Doc. No. 52) filed December 31, 2001.
The United States Magistrate Judge has submitted a report recommending that the Motions be denied.
After an independent de novo review of the record in this matter, and noting that no objections were filed by Defendant Norman, and that the objections of Defendant Main Street Investments were withdrawn (Doc. No. 84), the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendations. Further, this Court notes that the Mediator has filed a Report indicating that the case has been completely settled as to Defendant Main Street Investments (Doc. No. 83).
Therefore, it is ORDERED as follows:
1. The Report and Recommendation filed May 24, 2002 (Doc. No. 79) is ADOPTED and CONFIRMED and made a part of this Order.
2. Defendant Main Street Investments' Motion to Dismiss (Doc. No. 49) is DENIED as moot. Pursuant to Local Rule 3.08(b) of the Middle District of Florida this cause is hereby DISMISSED without prejudice as to Defendant Main Street Investments, subject to the right of any party to re-open the action within sixty (60) days, upon good cause shown, or to submit a stipulated form of final order or judgment.
3. Defendant John Norman's Motion to Dismiss (Doc. No. 52) is DENIED. Defendant Norman shall file his answer to the Complaint no later than August 2, 2002. Failure to file a response may result in a default being entered against Defendant Norman.
4. Plaintiff Frederick Bearse shall file and serve a written response to the Court's inquiries contained on pages 10 and 11 of the Report and Recommendation regarding the Trust no later than July 24, 2002.
DONE and ORDERED in Chambers.