SHELBY HIGHSMITH, United States District Judge.
ORDER
THIS CAUSE came before the Court upon the Report and Recommendation issued by Magistrate Judge Barry L. Garber on October 18, 2000 and plaintiff's objection thereto. Upon a de novo review of this matter, it is
ORDERED AND ADJUDGED that Magistrate Judge Garber's Report and Recommendation is APPROVED and ADOPTED in all respects. Accordingly, it is further
ORDERED AND ADJUDGED that Defendant Life Insurance Company of North America's ("LINA") motion to dismiss is GRANTED as follows. Plaintiff's first claim is DISMISSED without prejudice with leave to refile naming CIGNA, instead of LINA, as the proper defendant. plaintiff's second, third and fourth claims for relief are
DISMISSED with prejudice. Plaintiff has fifteen days from the date of this order to amended hid complaint in accordance with this order and CIGNA has fifteen days thereafter to answer the amended complaint.
DONE AND ORDERED in Chambers, at Miami, Dade County, Florida.