Opinion
1:21CV722
01-26-2023
TFORCE WORLDWIDE, INC., Plaintiff, v. ESC BRANDS, LLC, Defendant.
ORDER
Loretta C. Biggs, United States District Judge
The Recommendation of the United States Magistrate Judge was filed with the Court in accordance with 28 U.S.C. § 636(b) and, on December 12, 2022, was served on the parties in this action. (ECF Nos. 32, 33.) Defendant filed objections to the Magistrate Judge's Recommendation, (see ECF No. 35), to which Plaintiff responded, (see ECF No. 36).
The Court has appropriately reviewed the Magistrate Judge's Recommendation and has made a de novo determination in accord with the Magistrate Judge's Recommendation. The Court therefore adopts the Magistrate Judge's Recommendation.
IT IS THEREFORE ORDERED that the Summary Judgment Motion, (ECF No. 27), is GRANTED with regard to Plaintiff's unjust enrichment claim, Defendant's affirmative defenses of setoff and recoupment, and Defendant's counterclaims for breach of contract and negligence, and is DENIED IN PART as moot with regard to Defendant's claims for consequential damages and lost profits.