PAYLAN v. TEITELBAUM et al
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
CHRISTINA PAYLAN, M.D.,
Case No. 1:15cv159-MW/GRJ
SCOTT TEITELBAUM, et al.,
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:
The report and recommendation is accepted and adopted as this
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:
Plaintiff’s demand for punitive damages as to UFBOT
Defendants’ motion to strike Plaintiff’s demand for punitive
damages against Dr. Teitelbaum for state and federal law
causes of action is DENIED.
Defendants’ motion to strike various paragraphs of Plaintiff’s
complaint as redundant, immaterial, impertinent or scandalous
Defendants’ motion to dismiss Counts I–III (1983 actions)
as to UFBOT is DENIED.
Plaintiff’s claim in VI (Defamation) is DISMISSED, and
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
SO ORDERED on January 23, 2017.
s/Mark E. Walker
United States District Judge
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