RAMINDESIGN, LLC
v.
SKARZYNSKI
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The district court adopted the magistrate judge's recommendation and denied plaintiff Ramindesign LLC's motion to strike defendants' affirmative defenses as moot and without prejudice. The case involves a procedural dispute over the propriety of defendants' affirmative defenses in what appears to be a civil litigation matter.
The motion to strike defendants' affirmative defenses is denied as moot and without prejudice. The district court adopted the magistrate judge's recommendation in full.
“Failure to file objections shall bar parties from attacking on appeal the factual findings contained in the Report.”
Establishes the consequence of not objecting to a magistrate judge's report within the prescribed timeframe
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Join FLexlaw to unlock all legal intelligencePlaintiff Ramindesign, LLC filed a Motion to Strike Defendants' Affirmative Defenses. A Magistrate Judge issued a Report and Recommendation recommendi…
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ORDER ADOPTING REPORT AND RECOMMENDATION (D.E. 121) AND DENYING MOTION TO STRIKE (D.E. 88) AS MOOT
THIS CAUSE is before the Court on the Report and Recommendation of Magistrate Judge Marty Fulgueira Elfenbein (“Report,” D.E. 121) recommending the Court deny Plaintiff Ramindesign, LLC's Motion to Strike Defendants' Affirmative Defenses (D.E. 88) as moot and without prejudice. The Report provides the Parties with fourteen (14) days to file objections. As of the date of this Order, no objections have been filed. Failure to file objections shall bar parties from attacking on appeal the factual findings contained in the Report. See Resolution Trust Corp. v. Hallmark Builders, Inc., 996 F. 2d 1144, 1149 (11th Cir. 1993). Therefore, after an independent review of the Report and record, it is ORDERED AND ADJUDGED that:
1. The Magistrate Judge's Report (D.E. 121) is ADOPTED; and
2. Plaintiff Ramindesign, LLC's Motion to Strike Defendants' Affirmative Defenses (D.E. 88) is DENIED as moot and without prejudice.
DONE AND ORDERED in Chambers at Miami, Florida this 20th day of November, 2024.
goan A. Lenard JOAN A. LENARD UNITED STATES DISTRICT JUDGE
2
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- Resolution Tr. Corp. v. Hallmark Builders, Inc., 996 F.2d 1144 (11th Cir. 1993)