Pandora Jewelry, LLC v. Cappola Capital Corporation

Filing 174

ORDER adopting 168 REPORT AND RECOMMENDATION re 130 MOTION to strike affirmative defenses and counterclaims. Plaintiff's Motion to Strike 130 is GRANTED. Signed by Judge Susan C Bucklew on 3/23/2009. (JD)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION PANDORA JEWELRY, LLC, Plaintiff, v. CAPPOLA CAPITAL CORPORATION d/b/a Unodomani USA, Biagi Jewelry, and Biagi Florida, Defendant. _________________________________/ ORDER This cause comes before the Court for consideration of Plaintiff's Motion to Strike. (Doc. No. 130, 118). Defendant opposes the motion. (Doc. No. 159). This motion was considered by the United States Magistrate Judge. Magistrate Judge Jenkins has filed her report recommending that the motion should be granted and that this Court should strike Defendant's affirmative defenses and counterclaims. (Doc. No. 168). All parties were furnished copies of the Report and Recommendation and were afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b). Defendant filed its objections, and Plaintiff filed its response thereto. (Doc. No. 172, 173). Upon consideration of the Report and Recommendation, Defendant's objections, Plaintiff's response thereto, as well as this Court's independent examination of the file, it is determined that the Report and Recommendation (Doc. No. 168) should be adopted. Additionally, the Court notes that it will no longer be addressing the invalidity affirmative defense at the hearing set for April 3, 2009, as that affirmative defenses, as well as all of the others, is now stricken. Case No. 8:06-cv-845-T-24 MSS

Accordingly, it is now ORDERED AND ADJUDGED that: (1) The Magistrate Judge's Report and Recommendation (Doc. No. 168) is adopted and incorporated by reference in this Order of the Court; (2) (3) Plaintiff's Motion to Strike (Doc. No. 130, 118) is GRANTED; and Defendant's affirmative defenses and counterclaims are hereby stricken.

DONE AND ORDERED at Tampa, Florida, this 23rd day of March, 2009.

Copies to: The Honorable Elizabeth A. Jenkins Counsel of Record

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