Opinion
CASE NO. 2:09-CV-503-FtM-36DNF.
August 18, 2010
ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation filed by United States Magistrate Judge Sheri P. Chappell on July 30, 2010 (Dkt. 54), recommending that the Court grant Defendants' Second Motion to Strike Plaintiffs' Demand for Jury Trial (Dkt. 45). No objections were filed to the Report and Recommendation, and the time to do so has expired.
After carefully considering Plaintiffs' Second Amended Complaint (Dkt. 40), Defendants' Second Motion to Strike Jury Demand (Dkt. 45), Plaintiffs' Responses to the Motion (Dkt. 46, 53), Defendants' Reply (Dkt. 50), and Magistrate Judge Chappell's Report and Recommendation, and undertaking a de novo review of the legal determinations recommended therein, the Court concludes that Magistrate Judge Chappell's Report and Recommendation should be confirmed and accepted.
ACCORDINGLY, it is now ORDERED and ADJUDGED as follows:
1. The Report and Recommendation of the Magistrate Judge (Dkt. 54) is ADOPTED, CONFIRMED and APPROVED in all respects and is made a part of this Order for all purposes, including appellate review.
2. Defendants' Second Motion to Strike Plaintiffs' Demand for Jury Trial (Dkt. 45) is GRANTED. The Demand for Jury Trial in the Second Amended Complaint is hereby STRICKEN.
3. The Clerk is directed to terminate this pending motion.DONE AND ORDERED at Ft. Myers, Florida.