Beyer v. Faris Properties, LLC (JRG2)

Filing 62

ORDER adopting and approving re 41 Report and Recommendations; denying 23 Motion to Strike; granting 26 Motion to Amend/Correct. The defendant shall be granted leave to amend its answer to remove the phrase "demands strict proof thereof" and to remove Affirmative Defense No. 5. [Doc. 41 at 6]; see [Doc. 26-3]. Signed by District Judge J Ronnie Greer on 03/25/2019. (AMP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
JEREMIAH BEYER, on his own behalf and on
behalf of others similarly situated,
Plaintiff,
v.
FARIS PROPERTIES, LLC,
Defendant.

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No. 3:18-CV-139

ORDER
This matter is before the Court to consider the Report and Recommendation of the United
States Magistrate Judge dated October 22, 2018, [Doc. 41]. In that Report and Recommendation,
the Magistrate Judge recommends that plaintiff’s motion to strike, [Doc. 23] be denied, and that
defendant’s motion for leave to amend defendant’s answer to plaintiff’s complaint, [Doc. 26], be
granted. Neither party has filed objections to the recommendation in the time allowed. See Fed.
R. Civ. P. 72.
Thus, after consideration of the record as a whole and after careful consideration of the
Report and Recommendation of the United States Magistrate Judge, and for the reasons set out in
that Report and Recommendation which are incorporated by reference herein, it is hereby
ORDERED that this Report and Recommendation is ADOPTED and APPROVED, [Doc. 41], that
the plaintiff’s motion to strike, [Doc. 23] is DENIED and the defendant’s motion for leave to
amend defendant’s answer to plaintiff’s complaint, [Doc. 26], is GRANTED. The defendant shall
be granted leave to amend its answer to remove the phrase “demands strict proof thereof” and to
remove Affirmative Defense No. 5. [Doc. 41 at 6]; see [Doc. 26-3].
So ordered.

ENTER:

s/J. RONNIE GREER
UNITED STATES DISTRICT JUDGE