Opinion
1:22-cv-20205-JLK/DAMIAN
06-03-2022
JULIANNE JENNINGS, Plaintiff, v. CARNIVAL CORPORATION, a Panamanian Corporation d/b/a CARNIVAL CRUISE LINE, and ONE SPA WORLD LLC, Defendants.
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTIONS TO STRIKE AFFIRMATIVE DEFENSES
JAMES LAWRENCE KING, UNITED STATES DISTRICT JUDGE
THIS CAUSE is before the Court on the May 17, 2022, Report and Recommendation (“R&R”) (DE 15) of Magistrate Judge Melissa Damian. No objections were filed and the time to do so has passed.
The R&R recommends that Plaintiff's Motions to Strike Affirmative Defenses (DE 11 and DE 12) be granted in part and denied in part, specifically as ordered herein. See R&R. Upon consideration of the record and the R&R, the Court finds that Magistrate Judge Damian's well-reasoned R&R accurately states the law of the case.
Therefore, it is ORDERED, ADJUDGED and DECREED that:
1. Magistrate Judge Melissa Damian's Report and Recommendation (DE 15) be, and the same is, hereby AFFIRMED and ADOPTED as an Order of this Court;
2. Plaintiff's Motions (DE 11 and DE 12) be, and the same hereby are, GRANTED as to Carnival's Affirmative Defenses C, D, E, N, O, and P, and OneSpaWorld's Affirmative
Defenses C, D, E, M, N, and O, and these affirmative defenses are STRICKEN without prejudice to replead;
3. DENIED as to Carnival's Affirmative Defenses Q and R and OneSpaWorld's Affirmative Defenses P and Q, but these affirmative defenses are treated as DENIALS;
4. DENIED as to Carnival's Affirmative Defense S and OneSpaWorld's Affirmative Defense R; and
5. DENIED AS MOOT as to Carnival's Affirmative Defenses G and T and OneSpaWorld's Affirmative Defenses G and S since these affirmative defenses were withdrawn.
DONE and ORDERED.
Melissa Damian, Magistrate Judge