Great Lakes Reinsurance (UK) PLC v. Arbos et al

Filing 78

ORDER denying 56 Plaintiff's Renewed Motion To Strike the Pleadings of Defendant Maria Arbos or for Other Sanctions For Her Failure To Comply With Discovery Order. Signed by Magistrate Judge Andrea M. Simonton on 9/24/08. (lc1)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-20439-CIV-UNGARO/SIMONTON GREAT LAKES REINSURANCE (UK) PLC, Plaintiff, v. MARIA ARBOS, et al., Defendants. / ORDER DENYING PLAINTIFF'S RENEWED MOTION TO STRIKE ARBOS' PLEADINGS Presently pending before the Court is Plaintiff's Renewed Motion To Strike The Pleadings of Defendant Maria Arbos or for Other Sanctions For Her Failure To Comply With Discovery Order (DE # 56). This motion is referred to the undersigned Magistrate Judge (DE # 60). Defendant Arbos has responded in opposition (DE # 68). Plaintiff has not replied, and the last day to timely file a reply was September 18, 2008. Plaintiff moves to strike Defendant Arbos' pleadings, alleging that the Court ordered Arbos to provide Plaintiff with long-delayed discovery responses on August 27, 2008, and that Arbos did not do so (DE # 56). Defendant Arbos responded that she did provide Plaintiff with the discovery responses on August 27, 2008 (DE # 68). Plaintiff has not controverted Defendant Arbos' assertion that she provided Plaintiff with the discovery responses on August 27, 2008, pursuant to this Court's Order. Therefore, for the reasons stated above, it is hereby ORDERED AND ADJUDGED that Plaintiff's Renewed Motion To Strike The

Pleadings of Defendant Maria Arbos or for Other Sanctions For Her Failure To Comply With Discovery Order (DE # 56), is DENIED. DONE AND ORDERED in chambers at Miami, Florida, on September 24, 2008.

________________________________ ANDREA M. SIMONTON UNITED STATES MAGISTRATE JUDGE Copies furnished to: The Honorable Ursula Ungaro, United States District Judge All counsel of record