Opinion
20-61341-CIV-SMITH/VALLE
08-23-2021
NAHLAH MELAIH, Plaintiff, v. MSC CRUISES, S.A., ET AL., Defendants.
ORDER AFFIRMING AND ADOPTING REPORTS AND RECOMMENDATIONS OF MAGISTRATE JUDGE
RODNEY SMITH, UNITED STATES DISTRICT JUDGE.
This matter is before the Court upon the Report and Recommendation to District Judge [DE 86], which recommends granting in part and denying in part Plaintiff's Motion to Strike Defendant Park West's Affirmative Defenses [DE 29]. Also, before the Court is the Report and Recommendation to District Judge [DE 87], which recommends granting in part and denying in part Plaintiff's Motion to Strike Defendant MSC's Affirmative Defenses [DE 28]. No. objections have been filed to either Report and Recommendation. Upon consideration, it is
ORDERED that:
1. The Report and Recommendation to District Judge [DE 86] is AFFIRMED and ADOPTED and incorporated by reference into this Court's Order.
2. Plaintiff's Motion to Strike Defendant Park West's Affirmative Defenses [DE 29] is GRANTED in part and DENIED in part.
a. Defendant Park West Galleries, Inc.'s Third Affirmative Defense is STRICKEN without prejudice. Defendant Park West Galleries, Inc. may file an Amended Third Affirmative Defense by August 30, 2021.
b. Defendant Park West Galleries, Inc.'s Seventh Affirmative Defense is STRICKEN with prejudice.
c. The motion is DENIED in all other respects
3. The Report and Recommendation to District Judge [DE 87] is AFFIRMED and ADOPTED and incorporated by reference into this Court's Order.
4. Plaintiffs Motion to Strike Defendant MSC's Affirmative Defenses [DE 28] is GRANTED in part and DENIED in part:
a. Defendant MSC Cruises, SA.'s Tenth, Twelfth, and Seventeenth Affirmative Defenses are STRICKEN with prejudice.
b The Motion is DENIED in all other respects.
DONE and ORDERED.