Bernard v. Automax

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 25-CV-62150-WPD
MILTON BERNARD,
Plaintiff,
v.
AUTOMAX,
Defendant.
___________________________________/
ORDER ADOPTING AND APPROVING REPORT AND RECOMMENDATION OF
MAGISTRATE JUDGE; DISMISSING COMPLAINT WITHOUT PREJUDICE AND
WITH LEAVE TO AMEND
THIS CAUSE is before the Court upon the Report and Recommendation of Magistrate
Judge Strauss (the “Report”) [DE 5], issued on October 24, 2025. The Court notes that no
objections to the Report [DE 5] have been filed, and the time for filing such objections has
passed. As no timely objections were filed, the Magistrate Judge’s factual findings in the Report
[DE 5] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847
F.2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders,
Inc., 996 F.2d 1144, 1149 (11th Cir. 1993).
Although no timely objections were filed, the Court has conducted a de novo review of the
Report [DE 5] and record and is otherwise fully advised in the premises. The Court agrees with
the Magistrate Judge’s analysis and conclusions.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. 	The Report [DE 5] is hereby ADOPTED and APPROVED;
Case 0:25-cv-62150-WPD Document 8 Entered on FLSD Docket 11/10/2025 Page 1 of 2

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2. 	The Complaint is DISMISSED WITHOUT PREJUDICE;
3. 	Plaintiff is granted leave to file an Amended Complaint, consistent with Judge
Strauss’ October 24, 2025 Report and Recommendation, on or before December 1,
2025. Failure to do so will result in the Court closing the case.
4. 	The Clerk shall EMAIL a copy of this Order to Plaintiff at the address below.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida,
this 10th day of November, 2025.
Copies furnished to:
Counsel of record
Magistrate Judge Strauss
Milton Bernard at email address: Miltonbernard15@gmail.com
Case 0:25-cv-62150-WPD Document 8 Entered on FLSD Docket 11/10/2025 Page 2 of 2