PAYLAN v. TEITELBAUM et al

Filing 61

ORDER ACCEPTING AND ADOPTING 60 REPORT AND RECOMMENDATION signed by JUDGE MARK E WALKER on 1/23/17. Dr. Teitelbaum and UFBOT's 34 Motion to Strike and Motion to Dismiss Plaintiff's 31 Corrected Amended Complaint is GRANTED in part and DENIED in part and this cause is remanded to the Magistrate Judge for further proceedings. (tss)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
CHRISTINA PAYLAN, M.D.,
Plaintiff,
v.

Case No. 1:15cv159-MW/GRJ

SCOTT TEITELBAUM, et al.,
Defendants.
___________________________/
ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report
and Recommendation. ECF No. 60. Upon consideration, no objections having
been filed by the parties,
IT IS ORDERED:
1.

The report and recommendation is accepted and adopted as this

Court’s opinion.
2.

Dr. Teitelbaum and UFBOT’s Motion to Strike and Motion to

Dismiss Plaintiff’s Corrected Amended Complaint, ECF No. 34, is GRANTED in
part and DENIED in part as follows:
(a)

Plaintiff’s demand for punitive damages as to UFBOT
is stricken.
1

(b)

Defendants’ motion to strike Plaintiff’s demand for punitive
damages against Dr. Teitelbaum for state and federal law
causes of action is DENIED.

(c)

Defendants’ motion to strike various paragraphs of Plaintiff’s
complaint as redundant, immaterial, impertinent or scandalous
is DENIED.

(d)

Defendants’ motion to dismiss Counts I–III (1983 actions)
as to UFBOT is DENIED.

(e)
(f)

Plaintiff’s claim in VI (Defamation) is DISMISSED, and

(g)
3.

Plaintiff’s claim in Count IV (Retaliation) is DISMISSED.

Defendants’ motion to dismiss Count V (Fraud) is DENIED.

This cause is remanded to the Magistrate Judge for further

proceedings.
SO ORDERED on January 23, 2017.
s/Mark E. Walker
____
United States District Judge

2