Opinion
CASE NO: 8:07-cv-2325-T-23MAP.
September 17, 2008
ORDER
HW Aviation LLC's "Motion to Strike Affirmative Defenses" (Doc. 9) and HW Aviation LLC, Jeffrey Wolfson, and Geoffrey Hodgson's "Motion to Dismiss and for Extension of Time" (Doc. 10) were referred to the magistrate judge. Following the magistrate judge's August 21, 2008, report and recommendation (Doc. 25), no party objects to the report and the time for filing objections has expired. Accordingly, the magistrate judge's report and recommendation (Doc. 25) is ADOPTED.
HW Aviation LLC, Jeffrey Wolfson, and Geoffrey Hodgson's "Motion to Dismiss and for Extension of Time" (Doc. 10) is GRANTED. Counts two ("Violation of Florida's Deceptive and Unfair Trade Practices Act") and three ("Tortious Interference with Advantageous Business Relationships") of the counterclaim and third-party complaint of Royal Sons LLC, Royal Sons Motor Yacht Sales, Inc., and Frederic J. Geffon d/b/a Royal Sons, Inc., (together, "Royal Sons") are DISMISSED without prejudice.
HW Aviation LLC's "Motion to Strike Affirmative Defenses" (Doc. 9) is GRANTED in part and DENIED in part. The motion is GRANTED to the extent that Royal Sons' first, second, third, and fifth through thirteenth affirmative defenses are STRICKEN without prejudice; otherwise, the motion is DENIED.
On or before September 30, 2008, Royal Sons may re-plead its affirmative defenses and serve an amended counterclaim and third-party complaint. On or before October 17, 2008, Royal Sons HW Aviation LLC, Jeffrey Wolfson, and Geoffrey Hodgson shall respond to the amended counterclaim and third-party complaint in its entirety or (if Royal Sons declines to amend) to count one of the counterclaim and third-party complaint.
ORDERED in Tampa, Florida.