BOOM FUNDED, LLC
v.
AEVA, LLC
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In this discovery dispute, the District Court adopted a magistrate judge's recommendation and granted in part and denied in part plaintiff Boom Funded's motion to strike defendant Aeva's affirmative defenses, striking the second and fourth defenses while preserving others.
The court adopted the magistrate judge's recommendation and granted plaintiff's motion to strike the second and fourth affirmative defenses while denying the motion as to the remaining defenses.
[1] A party must file written objections to a Report and Recommendation within fourteen days of service to preserve the right to appellate review.
[2] A court may adopt a Report and Recommendation if it finds the report to be well-reasoned and correct.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the parties have fourteen (14) days from the date of being served with a copy of this Report and Recommendation within which to file written objections”
Establishes the procedural deadline for objecting to the magistrate judge's recommendation, which neither party met
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Join FLexlaw to unlock all legal intelligencePlaintiff Boom Funded, LLC filed a motion to strike certain affirmative defenses asserted by defendant Aeva, LLC. The motion was referred to a magistr…
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THIS CAUSE is before the Court upon Plaintiff Boom Funded, LLC's Motion to Strike Affirmative Defenses (“Motion”), ECF No. [10], which was previously referred to the Honorable Marty Fulgueira Elfenbein for a Report and Recommendation (“R&R”). See ECF No. [21]. On March 11, 2025, Judge Elfenbein issued an R&R recommending that Plaintiff's Motion be granted in part and denied in part. ECF No. [63]. The R&R advised that "the parties have fourteen (14) days from the date of being served with a copy of this Report and Recommendation within which to file written objections[.]” Id. at 15. To date, no party has filed any objections nor have they sought additional time to file objections. The Court has, nonetheless, conducted a de novo review of the R&R and the record and is otherwise fully advised in the premises. See Jilliams v. McNeil, 557 F. 3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)).
Upon review, the Court finds Judge Elfenbein's R&R to be well reasoned and correct. The Court agrees with the analysis in the R&R and concludes that the Motion be granted in part and denied in part for the reasons set forth therein.
Case No. 24-cv-23649-BLOOM/Elfenbein
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The R&R, ECF No. [63], is ADOPTED;
2. Plaintiff's Motion to Strike Affirmative Defenses, ECF No. [10], is GRANTED IN PART AND DENIED IN PART. Defendants' Second and Fourth Affirmative Defenses are STRICKEN.
DONE AND ORDERED in Chambers at Miami, Florida, on March 26, 2025.
cc: Counsel of Record