Kennedy v. AmGUARD Insurance Company

Filing 34

ORDER AFFIRMING AND ADOPTING 32 REPORT OF MAGISTRATE JUDGE: Plaintiff's Motion to Amend Complaint and Remand [DE 9 ] is DENIED.Defendant's Motion for Leave to Amend its Affirmative Defenses [DE 27 ] is GRANTED. Signed by Judge Rodney Smith on 1/27/2025. See attached document for full details. (wce)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 24-80815-CIV-SMITH/REINHART
EMILY KENNEDY,
v.

Plaintiff,

AMGUARD INSURANCE COMPANY,
Defendant.

/

ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE
This matter is before the Court upon the Magistrate Judge’s Omnibus Report and
Recommendation [DE 32] on Plaintiff’s Motion to Amend Complaint and Remand [DE 9] and
Defendant’s Motion for Leave to Amend its Affirmative Defenses by virtue of its Notice of
Withdrawing Affirmative Defenses 2, 5, and 7 [DE 27]. The Magistrate Judge’s Report and
Recommendation recommends granting Defendant’s Motion for Leave to Amend its Affirmative
Defenses [DE 27] and denying Plaintiff’s Motion to Amend and Remand [DE 9]. On January 27,
2025, Plaintiff filed a Notice of No Objection to the Magistrate’s Omnibus Report and
Recommendation [DE 33]. Accordingly, having reviewed the Report and Recommendation, the
parties’ motions, the record, and given Plaintiff’s non-objection, it is
ORDERED that:
1)

Magistrate Judge’s Omnibus Report and Recommendation [DE 32] is AFFIRMED

and ADOPTED and incorporated by reference into this Court’s Order.
2)

Plaintiff’s Motion to Amend Complaint and Remand [DE 9] is DENIED.

3)

Defendant’s Motion for Leave to Amend its Affirmative Defenses [DE 27] is

GRANTED.
DONE and ORDERED in Fort Lauderdale, Florida, this 27th day of January 27, 2024.

cc:

All Counsel of Record

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