govinfo:USCOURTS-flsd-1_23-cv-24838-8

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO. 23-24838-CIV-LENARD/ELFENBEIN 
 
RAMINDESIGN, LLC, 
 
 Plaintiff, 
 
v. 
 
JACEK SKARZYNSKI and, 
OLGA SKARZYNSKI 
 
 Defendants. 
________________________________/ 
 
JACEK SKARZYNSKI, 
Counter-Plaintiff, 
 
v. 
 
RAMINDESIGN, LLC,  
a Florida limited liability company, 
RAMINDESIGN + DEVELOPMENT, LLC,  
a Florida limited liability company, 
LHF CONSTRUCTION, INC., a Florida corporation, 
and LARRY FEDER, an individual, 
Counter-Defendants. 
_________________________________/ 
 
ORDER ADOPTING REPORT AND RECOMMENDATION  
 
THIS CAUSE is before the Court on the Report and Recommendations of 
Magistrate Marty F. Elfenbein, (“Report,” D.E. 143), issued on January 23, 2025,  
recommending the Court grant in part and deny in part Ramindesign, LLC’s Motion to 
Strike Defendants Jacek and Olga Skarzynski’s Affirmative Defenses.  (D.E. 122).  The 
Report provides the Parties with fourteen (14) days to file objections.  As of the date of this 
Case 1:23-cv-24838-JAL   Document 147   Entered on FLSD Docket 02/13/2025   Page 1 of 3
 
 
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Order, no objections have been filed.  Failure to file objections shall bar parties from 
attacking on appeal the factual findings contained in the report.  See Resolution Trust Corp. 
v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993).  Therefore, after an 
independent review of the Report and record, it is ORDERED AND ADJUDGED that: 
 1. The Report and Recommendation (D.E. 143) is ADOPTED;  
2. Ramindesign LLC’s Motion to Strike (D.E. 122) the Second Amended 
Answer’s First, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, 
Twelfth, and Fourteenth Affirmative Defenses is DENIED;  
3. The Second Amended Answer’s Seventh and Eighth Affirmative Defenses 
shall be treated as specific denials; 
4.  Ramindesign LLC’s Motion to Strike (D.E. 122) the Second Amended 
Answer’s Second Affirmative Defense is GRANTED; and  
5.  The Second Affirmative Defense (D.E. 120 at 12) is STRICKEN 
WITHOUT PREJUDICE.  Defendants Jacek and Olga Skarzynski are granted 14 
days from the date of this Order to amend this affirmative defense by filing a Third 
Amended Answer  that remedies the pleading violations identified in the Report.  
Failure to do so may result in the Second Affirmative Defense being stricken with 
prejudice without further notice.  
Case 1:23-cv-24838-JAL   Document 147   Entered on FLSD Docket 02/13/2025   Page 2 of 3
 
 
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 DONE AND ORDERED in Chambers at Miami, Florida this 13th day of February, 
2025. 
         
  ____________________________________ 
      JOAN A. LENARD 
      UNITED STATES DISTRICT JUDGE 
Case 1:23-cv-24838-JAL   Document 147   Entered on FLSD Docket 02/13/2025   Page 3 of 3

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