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

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