William Stone Premier Properties, LLC v. Babatunde E.

Filing 24

ORDER adopting 23 REPORT AND RECOMMENDATIONS, granting in part 16 MOTION to Strike Defendant's Affirmative Defenses from Defendant's Answer (Doc. 12) and Incorporated Memorandum of Law filed by William Stone Premier Properties, LLC. Signed by Judge Gregory A. Presnell on 5/23/2017. Copies mailed. (LAM)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION WILLIAM STONE PREMIER PROPERTIES, LLC, Plaintiff, v. Case No: 6:16-cv-2157-Orl-31GJK ONI BABATUNDE E., Defendant. ORDER This cause comes before the Court on Plaintiff's Opposed Motion to Strike Defendant's Affirmative Defenses From Defendant's Answer (Doc. 16), filed February 16, 2017. On May 8, 2017, the United States Magistrate Judge issued a report (Doc. 23) recommending that the motion be granted in part and denied in part. No objections have been filed. Therefore, it is ORDERED as follows: 1. The Report and Recommendation is CONFIRMED and ADOPTED as part of this Order. 2. The Plaintiff's Opposed Motion to Strike Defendant's Affirmative Defenses From Defendant's Answer is GRANTED in part such that Defendant’s sixth, seventh, eighth, ninth, and eleventh affirmative defenses are STRICKEN, and Defendant’s twelfth affirmative defense is STRICKEN to the extent that it alleges that his obligations were based upon acts or omissions that were either void or otherwise extinguished. In all other respects the motion is DENIED. 3. Defendant may amend the stricken affirmative defenses by June 6, 2017. DONE and ORDERED in Chambers, Orlando, Florida on May 23, 2017.   Copies furnished to: United States Magistrate Judge Counsel of Record Unrepresented Party -2-

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