Borkman et al v. Thor Motor Coach, Inc.

Filing 29

ORDER adopting 27 REPORT AND RECOMMENDATIONS re 22 MOTION to Strike Plaintiffs' Jury Trial Demand and Memorandum of Law filed by Thor Motor Coach, Inc. Defendant's Motion is GRANTED as to Plaintiffs' claim for rescission under the Magnuson-Moss Act, 15 U.S.C. Sec. 2301, et seq. Defendant's Motion regarding the Florida Statutory Claim is DENIED, without prejudice. Signed by Judge Gregory A. Presnell on 12/16/2014. (TKW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CATHERINE BORKMAN and ROLAND
BORKMAN,
Plaintiffs,
v.

Case No: 6:14-cv-721-Orl-31KRS

THOR MOTOR COACH, INC.,
Defendant.

ORDER
This matter is before the Court on Defendant’s Motion to Strike Plaintiffs’ jury trial
demand (Doc. 22) and Magistrate Judge Spaulding’s Report recommending that the Motion be
granted, in part (Doc. 27). Defendant filed objections to the Report and Recommendation (Doc.
28). Plaintiffs did not respond to these objections.
Upon consideration of the above it is
ORDERED that the Report and Recommendation is CONFIRMED and ADOPTED as
part of this Order. Defendant’s Motion is GRANTED as to Plaintiffs’ claim for rescission under
the Magnuson-Moss Act, 15 U.S.C. Sec. 2301, et seq. Defendant’s Motion regarding the Florida
Statutory Claim is DENIED, without prejudice.
DONE and ORDERED in Chambers, Orlando, Florida on December 15, 2014.

Copies furnished to:

Counsel of Record
Unrepresented Party

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