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)

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.