U.S. Postal Svc. v. Post Office Associates

Full title: UNITED STATES POSTAL SERVICE, Plaintiff, v. POST OFFICE ASSOCIATES…

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

Date published: May 11, 2011

Case No. 8:10-CV-1682-T-27TBM (M.D. Fla. May. 11, 2011)

Opinion

Case No. 8:10-CV-1682-T-27TBM.

May 11, 2011

ORDER

JAMES WHITTEMORE, District Judge

BEFORE THE COURT is the Report and Recommendation submitted by the Magistrate Judge (Dkt. 13) recommending that Plaintiff's Motion for Judgment on the Pleadings (Dkt. 30) be denied and Defendant be granted leave to amend its Counterclaim for reformation. Neither party has filed objections and the time for doing so has elapsed. Accordingly, it is ORDERED:

1) The Report and Recommendation (Dkt. 13) is adopted, confirmed, and approved and is made a part of this order for all purposes, including appellate review.

2) Plaintiff's Motion for Judgment on the Pleadings (Dkt. 30) is DENIED.

3) Plaintiff shall file an amended counterclaim within twenty (20) days of the date of this Order that complies with Rules 8(a), 9(b), and 11(b) of the Federal Rules of Civil Procedure. Failure to comply will result in dismissal of Count I of Defendant's Counterclaim with prejudice.

DONE AND ORDERED in chambers this 10 day of May, 2011.