Wesolek v. Wesolek et al, No. 2:2019cv00463 - Document 116 (M.D. Fla. 2021)
Court Description: OPINION AND ORDER granting in part and denying in part 97 Motion to Strike Certain Affirmative Defenses; adopting and incorporating 113 Report and Recommendations. Signed by Judge John E. Steele on 6/23/2021. (RKR)
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Wesolek v. Wesolek et al Doc. 116 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DANA A WESOLEK, Plaintiff, v. Case No: 2:19-cv-463-JES-MRM LAUREN WESOLEK, BRYAN J WESOLEK, and WILLIAM HALLIDAY (HAL) ADAMS, Defendants. OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge’s Report and Recommendation (Doc. #113), filed May 25, 2021, recommending that the motion be granted as to the Tenth Affirmative Defense, without prejudice to amending, and otherwise denied. No objections have been filed and the time to do so has expired. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge’s report and recommendation. 636(b)(1); 28 U.S.C. § Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § Dockets.Justia.com 636(b)(1). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F.3d 116 (11th Cir. 1994) (Table). After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the magistrate judge. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #113) is hereby adopted and the findings incorporated herein. 2. Plaintiff's Motion to Strike Certain of Defendants' Affirmative Defenses (Doc. #97) is GRANTED in part and DENIED in part as follows: (A) the motion is granted as to the Tenth Affirmative Defense, which is stricken without prejudice to amending; and (B) the motion is denied as to the Fifth through Ninth and Eleventh through Fourteenth Affirmative Defenses, with the Fourteenth Affirmative Defense to be treated as a denial. DONE and ORDERED at Fort Myers, Florida, this of June, 2021. - 2 - 23rd day Copies: Hon. Mac R. McCoy United States Magistrate Judge Counsel of Record Unrepresented parties - 3 -
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