TWO MEN AND A TRUCK INTERNATIONAL INC v. RESIDENTIAL & COMMERCIAL TRANSPORT COMPANY LLC

Filing 92

ORDER Adopting 69 Report and Recommendations. The defendant's motion for sanctions doc. 57 to strike the plaintiff's complaint and to preclude the plaintiff from introducing any testimonial or documentary evidence at trialis DENIED. The plaintiff's motions docs. 52 & 54 for extension of time to file Rule 26 disclosures are GRANTED. The plaintiff's Rule 26 disclosures shall be deemed timely. Signed by SENIOR JUDGE WILLIAM STAFFORD on 12/15/08. (dlt)

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Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION TWO MEN AND A TRUCK INTERNATIONAL, INC., a Michigan corporation, Plaintiff, v. RESIDENTIAL & COMMERCIAL TRANSPORT COMPANY, LLC, a Florida limited liability company, Defendants. ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Before the court is the magistrate judge's report and recommendation (doc. 69) docketed October 20, 2008. The magistrate judge recommends that the plaintiff's motion for an extension of time be granted and that the defendant's motion to strike the plaintiff's complaint or to preclude all evidence at trial be denied. The defendant has filed objections (doc. 72) to the report and recommendation, and the plaintiff has responded (doc. 76) to those objections. The court having reviewed the report and recommendation as well as the parties submissions in response thereto, it is ORDERED: 1. The magistrate judge's report and recommendation (doc. 69) is ADOPTED and incorporated by reference in this order. 4:08cv67-WS Page 2 of 2 2. The defendant's motion for sanctions (doc. 57)--to strike the plaintiff's complaint and to preclude the plaintiff from introducing any testimonial or documentary evidence at trial--is DENIED. 3. The plaintiff's motions (docs. 52 & 54) for extension of time to file Rule 26 disclosures are GRANTED. The plaintiff's Rule 26 disclosures shall be deemed timely. DONE AND ORDERED this 15th day of December , 2008. s/ William Stafford WILLIAM STAFFORD SENIOR UNITED STATES DISTRICT JUDGE

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