Stipulation,Agreement: USA Medicare Advisors Insurance Agency LLC, et al Plaintiff vs. Elite Health Investents Inc, et al Defendant

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                                Filing# 139405899 E-Filed 11/30/2021 07:05:21                       PM




                           IN   THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
                                   IN AND FOR BROWARD COUNTY, FLORIDA

           CASE NO. CACE21010364              DIVISION        18     JUDGE        Fabienne Fahnestock

      USA Medicare Advisors Insurance Agency LLC, et al
                / Petitioner(s)
      Plaintiff(s)
      V.

      Elite Health Investents Inc, et al

      Defendant(s)/ Respondent(s)
                                              '



       AGREED ORDER ON PLAINTIFF'S MOTION TO DISMISS COUNTS I, II, AND
       IV OF DEFENDANT'S COUNTERCLAIM, PLAINTIFF'S MOTION TO STRIKE
      DEFENDANT'S AFFIRMATIVE DEFENSES, AND DEFENDANT'S MOTION FOR
      EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S DISCOVERY REOUESTS

      THIS CAUSE having come before                     the Court   on    Plaintiff   USA Medicare Advisors            Insurance

      Agency LLC's         (hereinafter, "Plaintiff" or      "UMA") Motion            to    Dismiss Counts I,Il,and IV of

      Defendant        Elite   Health Investments, Inc.'s ("Defendant") Counterclaim ("Motion to Dismiss")

      and Motion        to Strike   Defendant's Affirmative Defenses                  or, in   the Alternative, For a        More

      Definite    Statement ("Motion        to Strike")filed        on September            8, 2021,   and upon Defendant's

      Motion for Extension of Time            to   Respond      to Plaintiff's        Discovery Requests ("Motion for

      Extension") filed on        November     2, 2021,     and the Court having considered the Motion, having

      been advised of the agreement of counsel, and being otherwise duly advised                                in   the premises,

      it is   hereby


      ORDERED and ADJUDGED that:

           1. Plaintiffs   Motion   to   Dismiss   is   GRANTED      in   lightof the express written contract between

               the parties covering the bases for said counterclaims.                       See Williams v. Bear Stearns        &
               Co.,   725 So. 2d 397, 400 (Fla.5th          DCA 1998); Baron           v.   Osman, 39 So. 2d 449, 451 (Fla.




              *** FILED:   BROWARD COUNTY,         FL   BRENDA D. FORMAN, CLERK                11/30/2021 07:06:38 PM.****
                                                                                                                        CaseNo: CACE21010364
                                                                                                                        Page 2     of 2




       5th   DCA 2010);
  2. Plaintiff's           Motion to Strike             is   DENIED             in    part   and   GRANTED        in   part without prejudice.

       Only Defendant's seventh, catch-all affirmative defense                                             is   stricken (with the abilityfor

       Defendant            to file for           leave to           amend       if   warranted under the Florida Rules of                       Civil


       Procedure); and

  3.   Defendant's Motion for Extension                                    is   GRANTED            insofar as Defendant shall have up to

       and through seven (7) days from execution of this agreed order                                                  to serve its      responses       to


       Plaintiffs      discovery requests.

DONE     and   ORDERED                                                     Broward County, Florida on                  1-30-2021.
                                          Chambers,
                                                                                                        H
                                     in                               at                                          1


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