Opinion
Case No. 18-cv-1489 (WMW/ECW)
02-15-2019
R. Alexander Acosta, Secretary of Labor, United States Department of Labor, Plaintiff, v. Luxury Floors, Inc., and Ruben Ruiz, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the December 7, 2018 Report and Recommendation (R&R) of United States Magistrate Judge Elizabeth Cowan Wright. (Dkt. 25.) Objections have not been filed in the time period permitted. In the absence of timely objections, this Court reviews an R&R for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&R, the Court finds no clear error.
Based on the R&R and all the files, records and proceedings herein, IT IS HEREBY ORDERED:
1. The December 7, 2018 R&R, (Dkt. 25), is ADOPTED.
2. Plaintiff R. Alexander Acosta's motion to strike affirmative defenses, (Dkt. 15), is GRANTED IN PART AND DENIED IN PART as follows:
a. Defendants Luxury Floors, Inc., and Ruben Ruiz's affirmative defenses numbered 5, 7, 12 (as to unclean hands), 18, and 19 are stricken WITHOUT PREJUDICE;
b. Defendants' affirmative defenses numbered 12 (as to laches) and 14 are stricken WITH PREJUDICE; andDated: February 15, 2019
c. Plaintiff's motion to strike affirmative defenses, (Dkt. 15), is DENIED as to Defendants' affirmative defenses numbered 3, 11, 12 (as to waiver and estoppel), 13, and 17.
s/Wilhelmina M. Wright
Wilhelmina M. Wright
United States District Judge