Bartholomew et al v. Lowe's Companies, Inc.

Filing 84

ORDERED: The Report and Recommendations 81 is ADOPTED. Plaintiffs' Motion To Strike Certain Affirmative Defenses 65 is granted in part and denied in part. Plaintiff's motion is GRANTED as to Affirmative Defenses Nos. 2 and 9, and those defense are STRICKEN WITHOUT PREJUDICE; (b) Plaintiffs' motion is DENIED as to Affirmative Defense Nos. 1, 10, 11, 12, 13, and 14, and the Court instead will construe those defenses as denials; and (c) Plaintiffs' motion is DENIED as to Affirmative Defenses Nos. 4, 6 and 8. Defendant is granted leave to amend Affirmative Defenses Nos. 2 and 9. Should Defendant choose to amend said Affirmative Defenses, its amended answer must be filed no later than 10/20/2020. Signed by Judge John L. Badalamenti on 10/13/2020. (SMG)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DIANE BARTHOLOMEW and MICHAEL SHERRY, on behalf of themselves and all others similarly situated, Plaintiffs, vs. No. 2:19-cv-00695-JLB-MRM LOWE’S HOME CENTERS, LLC, d/b/a LOWE’S, Defendant. ORDER This case is before the court on Plaintiffs’ Motion To Strike Certain Affirmative Defenses (Doc. 65). Defendant filed a response in opposition on June 1, 2020 (Doc. 71). On September 15, 2020, the assigned United States Magistrate Judge issued a Report and Recommendation (Doc. 81), recommending that Plaintiffs’ motion be granted in part and denied in part. No party has filed an objection to the Report and Recommendation, and the time in which to do so has now passed. See 28 U.S.C. § 636(b)(1); Fed R. Civ. P. 72(b); M.D. Fla. R. 6.02(a). Upon de novo review of the file and for the reasons stated in the Report and Recommendation, it is hereby ORDERED: 1. The Report and Recommendation of the Magistrate Judge (Doc. 81) is ADOPTED as the opinion of the Court. 2. Plaintiffs’ Motion To Strike Certain Affirmative Defenses (Doc. 65) is GRANTED IN PART and DENIED IN PART as follows: (a) Plaintiffs’ motion is GRANTED as to Affirmative Defenses Nos. 2 and 9, and those defense are STRICKEN WITHOUT PREJUDICE; (b) Plaintiffs’ motion is DENIED as to Affirmative Defense Nos. 1, 10, 11, 12, 13, and 14, and the Court instead will construe those defenses as denials; and (c) Plaintiffs’ motion is DENIED as to Affirmative Defenses Nos. 4, 6 and 8. 3. Defendant is granted leave to amend Affirmative Defenses Nos. 2 and 9. Should Defendant choose to amend said Affirmative Defenses, its amended answer must be filed no later than October 20, 2020. ORDERED in Fort Myers, Florida the 13th day of October 2020.

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