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UNITED FIXTURES COMPANY, INC. v. BASE MANUFACTURING

United States District Court, M.D. Florida, Orlando Division
Oct 8, 2008
Case No. 6:08-cv-506-Orl-28GJK (M.D. Fla. Oct. 8, 2008)

Summary

striking an affirmative defense of fraud where the defendant's answer stated only the "conclusory allegation[]" of "fraud/inequitable conduct" when setting forth that defense

Summary of this case from Aguilar v. City Lights of China Restaurant, Inc.

Opinion

Case No. 6:08-cv-506-Orl-28GJK.

October 8, 2008


ORDER


This case is before the Court on Plaintiff's Combined Motion to Strike and Dismiss (Doc. No. 43) filed June 23, 2008. The United States Magistrate Judge has submitted a report recommending that the motion be granted.

After an independent de novo review of the record in this matter, and consideration of the objections to the Report and Recommendation filed by both parties (Doc. Nos. 59, 60), the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:

1. That the Report and Recommendation filed September 12, 2008 (Doc. No. 58) is ADOPTED and CONFIRMED and made a part of this Order.

2. Plaintiff's Combined Motion to Strike and Dismiss is GRANTED.

3. Defendant's first, eleventh, and twelfth Affirmative Defenses should be stricken because the matters pled do not constitute affirmative defenses.

4. Defendant's third, fifth, sixth, and ninth Affirmative Defenses should be stricken because they are conclusory allegations.

5. Counts III and IV of Defendant's Counterclaim are dismissed for failure to put Plaintiff on notice regarding the factual basis for the legal theories asserted.

6. Defendant may, within ten (10) days from the date of this Order, amend its Answer, Affirmative Defenses, and Counterclaim.

DONE and ORDERED in Chambers, Orlando, Florida.


Summaries of

UNITED FIXTURES COMPANY, INC. v. BASE MANUFACTURING

United States District Court, M.D. Florida, Orlando Division
Oct 8, 2008
Case No. 6:08-cv-506-Orl-28GJK (M.D. Fla. Oct. 8, 2008)

striking an affirmative defense of fraud where the defendant's answer stated only the "conclusory allegation[]" of "fraud/inequitable conduct" when setting forth that defense

Summary of this case from Aguilar v. City Lights of China Restaurant, Inc.
Case details for

UNITED FIXTURES COMPANY, INC. v. BASE MANUFACTURING

Case Details

Full title:UNITED FIXTURES COMPANY, INC., Plaintiff, v. BASE MANUFACTURING, Defendant

Court:United States District Court, M.D. Florida, Orlando Division

Date published: Oct 8, 2008

Citations

Case No. 6:08-cv-506-Orl-28GJK (M.D. Fla. Oct. 8, 2008)

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