Shropshire v. Bank of America

Filing 97

ORDER adopting 95 REPORT AND RECOMMENDATIONS re 55 MOTION to Strike Jury Trial Demand filed by Bank of America. Plaintiff's jury trial demand (Doc. 36, p. 18) is STRIKEN. This action will be reset as a bench trial. Signed by Judge Roy B. Dalton, Jr. on 2/16/2021. (BIA)

Case 6:19-cv-00878-RBD-EJK Document 97 Filed 02/16/21 Page 1 of 2 PageID 1786

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
BRIAN SHROPSHIRE,
Plaintiff,
v.

Case No. 6:19-cv-878-RBD-EJK

BANK OF AMERICA,
Defendant.

Defendant moved to strike Plaintiff’s jury trial demand, arguing the mortgage
executed by Plaintiff contained a jury trial waiver for all actions arising out of the
mortgage. (Doc. 55 (“Motion”).) On referral, U.S. Magistrate Judge Embry J. Kidd
recommends granting the Motion and striking the jury trial demand. (Doc. 95 (“R&R”).)
The parties did not object to the R&R and the time for doing so has now passed.
So the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank,
N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see also
Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the R&R is
adopted in its entirety.
It is ORDERED AND ADJUDGED:
1.

U.S. Magistrate Judge Embry J. Kidd’s Report and Recommendation
(Doc. 95) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

Defendant, Bank of America, N.A.’s Motion to Strike Jury-Trial Demand
(Doc. 55) is GRANTED.
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Case 6:19-cv-00878-RBD-EJK Document 97 Filed 02/16/21 Page 2 of 2 PageID 1787

3.

Plaintiff’s jury trial demand (Doc. 36, p. 18) is STRIKEN.

4.

This action will be reset as a bench trial.

DONE AND ORDERED in Chambers in Orlando, Florida, on February 16, 2021.

Copies to:
Counsel of Record

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