Cameron Moore v. Jasmine Redd

Summary

The United States District Court for the Southern District of Florida accepts a magistrate judge’s Report and Recommendation and denies the plaintiff’s motion to dismiss the defendant’s counterclaim. The court concludes that the plaintiff’s consent argument presents an affirmative defense not properly resolved at the motion-to-dismiss stage and orders the plaintiff to answer the counterclaim by March 27, 2026.

Holdings

1. The district court accepted the report and recommendation because neither party objected and the court found the report well reasoned and correct.
2. Plaintiff's consent argument did not warrant dismissal of the counterclaim at the motion-to-dismiss stage because consent is an affirmative defense not properly raised at that stage on the allegations presented.

Questions Presented

1. Whether the district court should accept the magistrate judge's report and recommendation when neither party filed objections.
2. Whether Plaintiff's alleged consent defense supported dismissal of Defendant's counterclaim at the motion-to-dismiss stage.

Disposition

other