Boom Funded, LLC v. Aeva, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 24-cv-23649-BLOOM/Elfenbein BOOM FUNDED, LLC, Plaintiff, v. AEVA, LLC, and BARBARA DEINET, Defendant. _________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS THIS CAUSE is before the Court upon Plaintiff Boom Funded, LLC’s Motion to Strike Affirmative Defenses (“Motion”), ECF No. [10], which was previously referred to the Honorable Marty Fulgueira Elfenbein for a Report and Recommendation (“R&R”). See ECF No. [21]. On March 11, 2025, Judge Elfenbein issued an R&R recommending that Plaintiff’s Motion be granted in part and denied in part. ECF No. [63]. The R&R advised that “the parties have fourteen (14) days from the date of being served with a copy of this Report and Recommendation within which to file written objections[.]” Id. at 15. To date, no party has filed any objections nor have they sought additional time to file objections. The Court has, nonetheless, conducted a de novo review of the R&R and the record and is otherwise fully advised in the premises. See Jilliams v. McNeil, 557 F.3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)).

Upon review, the Court finds Judge Elfenbein’s R&R to be well reasoned and correct.

The Court agrees with the analysis in the R&R and concludes that the Motion be granted in part and denied in part for the reasons set forth therein.

Case No. 24-cv-23649-BLOOM/Elfenbein Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The R&R, ECF No. [63], is ADOPTED; 2. Plaintiff's Motion to Strike Affirmative Defenses, ECF No. [10], is GRANTED IN PART AND DENIED IN PART. Defendants’ Second and Fourth Affirmative Defenses are STRICKEN.

DONE AND ORDERED in Chambers at Miami, Florida, on March 26, 2025.

BETH BLOOM UNITED STATES DISTRICT JUDGE cc: Counsel of Record