The Learning Experience Systems LLC v. Smart Kids of Missouri, Inc.

United States District Court for the Southern District of Florida

The Learning Experience Systems LLC v. Smart Kids of Missouri, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 21-60323-CIV-DIMITROULEAS

THE LEARNING EXPERIENCE SYSTEMS LLC, a Delaware Limited Liability Company, and THE LEARNING EXPERIENCE CORP., a Delaware Corporation,

Plaintiff,

vs.

SMART KIDS OF MISSOURI, INC., a Missouri Corporation, et al,

Defendants. __________________________________________/

OMNIBUS ORDER ADOPTING REPORT OF MAGISTRATE JUDGE; DENYING MOTION TO DISMISS; GRANTING CLARIFICATION; DENYING MOTION TO STAY

THIS CAUSE is before the Court on the Defendants’ Motion to Dismiss and/or Enforce Settlement Agreement [DE 13], the Report and Recommendation of Magistrate Judge Lurana Snow [DE 28], issued on May 17, 2021, and the Unopposed Motion for Clarification of Deadline or Motion for Extension of time in the Alternative [DE 32]. The Court notes that no objections to the Report [DE 28] have been filed, and in their Unopposed Motion for Clarification [DE 32], Defendants state that they do not intend to file objections to the Report [DE 28]. As no objections were filed, the Magistrate Judge’s factual findings in the Report [DE 28] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger,

847 F.2d 745, 749-50

(11th Cir. 1988), cert. denied,

488 U.S. 958

(1988); RTC v. Hallmark Builders, Inc.,

996 F.2d 1144, 1149

(11th Cir. 1993). Although no objections were filed, the Court has conducted a de novo review of the Report [DE 28] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s analysis and conclusions. The Court will grant Defendants’ Unopposed Motion for Clarification [DE 32] and order that Defendants shall file their answer to the complaint on or before June 15, 2021. Further, the Court will deny Defendants’ pending Motion to Stay Discovery [DE 26] which requested that the Court stay discovery until the pending Motion to Dismiss was resolved by the Court. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report [DE 28] is hereby ADOPTED and APPROVED; 2. Defendants’ Motion to Dismiss [DE 13] is DENIED; 3. Unopposed Motion for Clarification [DE 32] is GRANTED; Defendants shall file their answer to the Complaint on or before June 15, 2021; 4. Defendants’ Motion to Stay Discovery [DE 26] is DENIED. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida this 28th day of May, 2021.

f } “a 4 : “4 if % f ? f etna i ye Zo #4 v Paty d ‘4 ase □□ CA MAGIA AYN VILLIAM P. DIMITROULEAS United States District Judge

Copies furnished to: Counsel of record Magistrate Judge Snow

Reference

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