Legal Opinion
Alamo-Cruz v. Evanston Ins. Co.
District Court, S.D. Florida
Decided November 1, 2018No. Case No. 17-60671-CIV-WILLIAMSPublishedCited by 1 opinion
1Opinion of the Court
KATHLEEN M. WILLIAMS, UNITED STATES DISTRICT JUDGE
THIS MATTER is before the Court on Magistrate Judge Edwin G. Torres' Report and Recommendation (the "Report") recommending that Defendant's motion to dismiss be granted with prejudice. (DE 38). Plaintiffs timely filed objections to the Report and Defendant filed a response. (DE 43, 47). For the reasons set forth below, the Court DECLINES to adopt the Report (DE 38) and Defendant's motion to dismiss (DE 25) is DENIED.
I. BACKGROUND
On June 1, 2011, Plaintiff Efrain Alamo-Cruz was performing tree-trimming services, as an independent contractor for…
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