Summary
denying motion to strike an affirmative defense where it was “in effect a denial that plaintiff will be able to prove an element of his claim and thus amount[ed] to a denial of the allegations of the complaint”
Summary of this case from Gaffney v. Crowe LLPOpinion
21 Civ. 3835 (AT) (GWG)
10-04-2022
ORDER
ANALISA TORRES UNITED STATES DISTRICT JUDGE
Having received no objections to the Report and Recommendation (the “R&R”), ECF No. 86, of the Honorable Gabriel W. Gorenstein, the Court reviewed the R&R for clear error and found none. Oquendo v. Colvin, No. 12 Civ. 4527, 2014 WL 4160222, at *2 (S.D.N.Y. Aug. 19, 2014).
The Court, therefore, ADOPTS the R&R in its entirety. Accordingly, Plaintiff's motion to strike is DENIED.
The Clerk of Court is directed to terminate the motion at ECF Nos. 73-74 and mail a copy of this order to Plaintiff pro se.
SO ORDERED.