De Larrea v. Golden Yacht Charters, Inc.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 21-cv-22324-BLOOM/Elfenbein MONICA BURILLO DE LARREA,

Plaintiff,

v.

BOOK GYC, LLC and JACQUELINE KALAPTCHIAN,

Defendants. _________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

THIS CAUSE is before the Court upon Plaintiff Monica Burillo De Larrea’s Motion to Strike Affirmative Defenses (“Motion”). ECF No. [116]. The Motion was referred to Magistrate Judge Marty Fulgueira Elfenbein for a Report and Recommendation. See ECF No. [118]. On August 18, 2025, Judge Elfenbein issued a Report and Recommendation recommending that Defendants’ First, Second, Tenth, and Seventeenth Affirmative Defenses be stricken and the Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Fourteenth, Fifteenth, and Sixteenth Affirmative Defenses be treated as specific denials. ECF No. [133] at 19. Judge Elfenbein also recommended denying Plaintiff’s Motion to the extent it seeks to strike Defendants’ Third, Eleventh, Twelfth, and Thirteenth Affirmative Defenses. Id. The Report and Recommendation advised the parties they had “fourteen (14) days from the date of being served with a copy of th[e] Report and Recommendation within which to file written objections, if any, with the Honorable Beth Bloom, United States District Judge.” Id. To date, the parties have not filed objections, nor have they sought additional time to file objections. Nonetheless, the Court has conducted a de novo review of Magistrate Judge Elfenbein’s Report Case No. 21-cv-22324-BLOOM/Elfenbein

and Recommendation and the record and is otherwise fully advised in the premises. See Williams 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 Report and Recommendation to be well reasoned and correct. The Court therefore agrees with the analysis and concludes that Plaintiff's Motion should be granted in part and denied in part for the reasons stated in the Report and Recommendation. Accordingly, it is ORDERED and ADJUDGED as follows: 1. Magistrate Judge Elfenbein’s Report and Recommendation, ECF No. [133], is ADOPTED. 2. Plaintiff's Motion to Strike, ECF No. [116], is GRANTED in part and DENIED in part. 3. Plaintiff's request to strike Defendants’ First, Second, Tenth, and Seventeenth Affirmative Defenses is GRANTED. 4. Plaintiffs’ request to strike Defendants’ Third, Eleventh, Twelfth, and Thirteenth Affirmative Defenses is DENIED. 5. The Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Fourteenth, Fifteenth, and Sixteenth Affirmative Defenses shall be treated as specific denials. DONE and ORDERED in Chambers in Miami, Florida, on September 3, 2025.

UNITED STATES DISTRICT JUDGE

Copies to: Counsel of record