Maschmeyer Concrete Company of Florida v. American Southern Insurance Company

Filing 111

ORDER granting in part and denying in part 57 Motion to Strike ; adopting 93 Report and Recommendations. Defendant American Southern Insurance Company's Ninth and Twenty-Second Affirmative Defenses (Doc. 53) are STRICKEN. Signed by Judge Roy B. Dalton, Jr. on 4/4/2016. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
MASCHMEYER CONCRETE
COMPANY OF FLORIDA,
Plaintiff,
v.

Case No. 6:15-cv-912-Orl-37KRS

AMERICAN SOUTHERN INSURANCE
COMPANY,
Defendant.
ORDER
This cause is before the Court on the following matters:
(1)

Plaintiff’s Motion to Strike Affirmative Defenses of Defendant American
Southern Insurance Company (Doc. 57), filed February 12, 2016;

(2)

Defendant’s (a) Response to Plaintiff’s Motion to Strike Affirmative
Defenses of Defendant American Southern Insurance Company [DN57]
and (b) Response to Plaintiff’s Motion to Strike Paragraphs 12, 18, and 25
in Answer to Amended Complaint [DN58] (Doc. 83), filed February 26, 2016;
and

(3)

Report and Recommendation (Doc. 93), filed March 4, 2016.
DISCUSSION

On March 4, 2016, U.S. Magistrate Judge Karla R. Spaulding entered a thorough
and well-reasoned Report and Recommendation advising that Plaintiff’s Motion to Strike
Affirmative Defenses (Doc. 57) should be granted in part and denied in part (“Report”).
(Doc. 93.) No objections to the Report have been filed, and the deadline to file objections

has passed. See Fed. R. Civ. P. 72(b)(2). Upon review, the Court finds that the Report is
due to be approved and adopted.
CONCLUSIONS
It is hereby ORDERED AND ADJUDGED that:
(1)

The Report and Recommendation (Doc. 93) is APPROVED AND
ADOPTED.

(2)

Plaintiff’s Motion to Strike Affirmative Defenses of Defendant American
Southern Insurance Company (Doc. 57) is GRANTED with respect to
Defendant American Southern Insurance Company’s Ninth and
Twenty-Second Affirmative Defenses, and is DENIED in all other
respects.

(3)

Defendant

American

Southern

Insurance

Company’s

Ninth

Twenty-Second Affirmative Defenses (Doc. 53) are STRICKEN.
DONE AND ORDERED in Chambers in Orlando, Florida, on April 4, 2016.

Copies:

2

and

Counsel of Record

3