L AND S TRAILERS AND SUPPLY LLC v. OPTIMA INDUSTRIES LLC

Filing 60

ORDER DENYING 54 MOTION to Strike 41 MOTION for Summary Judgment filed by L AND S TRAILERS AND SUPPLY LLC. Signed by CHIEF JUDGE STEPHAN P MICKLE on 11/23/2009. (jws)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION L & S TRAILERS & SUPPLY, LLC, Plaintiff, vs. OPTIMA INDUSTRIES, LLC, Defendant. _____________________________/ ORDER DENYING PLAINTIFF'S MOTION TO STRIKE
T H IS CAUSE comes for consideration upon Plaintiff's Motion to Strike (doc. 5 4 ). The jurisdiction of this court is invoked pursuant to Title 28, United States C o d e , Section 1346(b). The motion is hereby denied. This Court's denial of D e fe n d a n t's Motion for Summary Judgment has mooted the grounds upon which P la in tiff's Motion to Strike stands (doc. 59) . Additionally, the default judgment entered against Defendant in Alachua C o u n ty was not on the merits, therefore, the axiom of res judicata does not apply to preclude this Court from hearing the matter. Trustmark Ins. Co. v. ESLU, Inc., 2 9 9 F.3d 1265, 1269-70 (11th Cir. 2002); quoted in Koziara v. City of Casselberry, 2 3 9 F. Supp. 2d 1245, 1254 (M.D. Fla. 2002) ("In order to establish the defense of

CASE NO. 1:08-cv-00232-SPM-AK

CASE NO. 1:08-cv-00232-SPM-AK

Page 2 of 2

re s judicata . . . there must be a final judgment on the merits . . .").

Accordingly, it is ORDERED AND ADJUDGED:
1. P la in tiff's Motion to Strike (doc. 54) is DENIED.

DONE AND ORDERED this twenty-third day of November, 2009.

s/ Stephan P. Mickle
Stephan P. Mickle Chief United States District Judge

CASE NO. 1:08-cv-00232-SPM-AK