UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

BRIAN SHROPSHIRE,

Plaintiff,

v. Case No. 6:19-cv-878-RBD-EJK

BANK OF AMERICA,

Defendant.

Defendant moved to strike Plaintiff’s jury trial demand, arguing the mortgage executed by Plaintiff contained a jury trial waiver for all actions arising out of the mortgage. (Doc. 55 (“Motion”).) On referral, U.S. Magistrate Judge Embry J. Kidd recommends granting the Motion and striking the jury trial demand. (Doc. 95 (“R&R”).) The parties did not object to the R&R and the time for doing so has now passed. So the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ,

, at *1 (M.D. Fla. Jan. 28, 2016); see also Macort v. Prem, Inc.,

(11th Cir. 2006). Finding none, the R&R is adopted in its entirety. It is ORDERED AND ADJUDGED: 1. U.S. Magistrate Judge Embry J. Kidd’s Report and Recommendation (Doc. 95) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Defendant, Bank of America, N.A.’s Motion to Strike Jury-Trial Demand (Doc. 55) is GRANTED. -1- 3. Plaintiff's jury trial demand (Doc. 36, p. 18) is STRIKEN. 4. This action will be reset as a bench trial. DONE AND ORDERED in Chambers in Orlando, Florida, on February 16, 2021.

bran Cte ROY B. DALTON JR: United States District Judge

Copies to: Counsel of Record

2.