From Casetext: Smarter Legal Research

E-Z Pack Manufacturing v. RDK Truck Sales Serv

United States District Court, M.D. Florida, Tampa Division
Aug 30, 2011
Case No. 8:10-cv-1870-T-27AEP (M.D. Fla. Aug. 30, 2011)

Opinion

Case No. 8:10-cv-1870-T-27AEP.

August 30, 2011


ORDER


BEFORE THE COURT is the Report and Recommendation (Dkt. 33) submitted by the Magistrate Judge recommending that Plaintiff E-Z Pack Manufacturing, LLC's Motion to Dismiss the Amended Counterclaim and/or Motion for More Definite Statement (Dkt. 25) be granted in part and denied in part and that Plaintiff E-Z Pack Manufacturing, LLC's Motion to Sever (Dkt. 26) be denied. Neither party has filed objections to the Report and Recommendation.

After careful consideration of the Report and Recommendation in conjunction with an independent examination of the file, the Court is of the opinion that the Report and Recommendation should be adopted, confirmed, and approved in all respects. Accordingly, it is ORDERED AND ADJUDGED:

1) The Report and Recommendation (Dkt. 33) is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review.

2) Plaintiff E-Z Pack Manufacturing, LLC's Motion to Dismiss the Amended Counterclaim (Dkt. 25) is GRANTED as to Count IV of the Amended Counterclaim and DENIED as to Counts I, II, III, V, and VI of the Amended Counterclaim. Count IV of the Amended Counterclaim is DISMISSED without prejudice to the Defendants' ability to file an amended counterclaim within ten (10) days from the date of this Order.

3) Plaintiff E-Z Pack Manufacturing, LLC's Motion for More Definite Statement (Dkt. 25) is DENIED.

4) Plaintiff E-Z Pack Manufacturing, LLC's Motion to Sever (Dkt. 26) is DENIED. DONE AND ORDERED in Tampa, Florida.


Summaries of

E-Z Pack Manufacturing v. RDK Truck Sales Serv

United States District Court, M.D. Florida, Tampa Division
Aug 30, 2011
Case No. 8:10-cv-1870-T-27AEP (M.D. Fla. Aug. 30, 2011)
Case details for

E-Z Pack Manufacturing v. RDK Truck Sales Serv

Case Details

Full title:E-Z PACK MANUFACTURING, LLC, Plaintiff, v. RDK TRUCK SALES SERVICE, INC…

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

Date published: Aug 30, 2011

Citations

Case No. 8:10-cv-1870-T-27AEP (M.D. Fla. Aug. 30, 2011)

Citing Cases

Schneider Elec. U.S. v. Seven Mile Resort Holdings Ltd.

Federal Rule of Civil Procedure 8(d) allows plaintiffs to plead theories in the alternative where multiple…

Bpi Sports, LLC v. Labdoor, Inc.

For instance, Judge Dimitrouleas declined to dismiss a tortious interference claim on this basis, noting that…