McKesson Global Sourcing Limited v. M.C. Johnson Co., Inc.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

MCKESSON GLOBAL SOURCING LIMITED, an active foreign private limited company,

Plaintiff,

v. Case No: 2:21-cv-782-JES-NPM

M.C. JOHNSON CO., INC., a Florida profit corporation, dba PRIVATE LABEL MEDICAL, and aka M.C. JOHNSON COMPANY, INC.,

Defendant/Third- Party Plaintiff,

v.

MCKESSON MEDICAL-SURGICAL, INC.,

Third-Party Defendant.

ORDER This matter comes before the Court on Plaintiff McKesson Global Sourcing Limited’s (McKesson) Motion to Strike M.C. Johnson’s (MCJ) Amended Answer to Second Amended Complaint (Doc. #69) filed on June 6, 2022. McKesson moves to strike M.C. Johnson’s Affirmative Defense 8 (setoff) because MCJ failed to allege any debt owed by McKesson to MCJ. Wiand v. Meeker, 572 F. App’x 689, 691 (11th Cir. 2014) (“Setoff is the right that exists between two parties to pay off their respective debts by way of mutual deduction. Setoff is permitted only where there is mutuality of claims between the parties.”) (citations omitted). McKesson also moves to strike MCJ’s prayer for attorney fees because MCJ does not cite to a statutory or contractual basis for attorney fees. E.g., Reed _v. Walt Disney Parks, No. 620CV13460RL40DCI, 2020 WL 10457843, at *2 (M.D. Fla. Nov. 9, 2020) (collecting cases where demands for attorney fees were stricken for failure “to articulate a statutory or contractual basis for attorney fees). Notably, MCJ failed to respond to McKesson’s arguments and the time for doing so has expired. See Local Rule 3.01(c) (“If a party fails to timely respond, the motion is subject to treatment as unopposed.”). Accordingly it is now ORDERED : 1. Plaintiff’s Motion to Strike (Doc. #69) is GRANTED. 2. Defendant’s Affirmative Defense 8 (Doc. #66, p. 16) is STRICKEN. 3. Defendant’s prayer for attorney fees in the Amended Answer (Doc. #66, p. 17) is STRICKEN. DONE and ORDERED at Fort Myers, Florida, this Ist day of July, 2022.

== ff Ne hy ized Look JGHN E. STEELE sq IOR UNITED STATES DISTRICT JUDGE Copies: Counsel of Record