SPOOR v. HAMOUI, 8:15-cv-2279-T-30TBM. (2015)
Court: District Court, M.D. Florida
Number: infdco20151106953
Visitors: 8
Filed: Nov. 05, 2015
Latest Update: Nov. 05, 2015
Summary: ORDER JAMES S. MOODY, Jr. , District Judge . THIS CAUSE is before the Court on Defendant Nazir Hamoui's Motion to Sever Claims (Dkt. 4). The motion was filed in state court on September 16, 2015. The case has since been removed to this Court. Upon review of the motion and consideration of the relevant authorities, the Court concludes that the motion should be denied without prejudice. Middle District of Florida Local Rule 3.01(a) requires that all motions filed with the Court contain a st
Summary: ORDER JAMES S. MOODY, Jr. , District Judge . THIS CAUSE is before the Court on Defendant Nazir Hamoui's Motion to Sever Claims (Dkt. 4). The motion was filed in state court on September 16, 2015. The case has since been removed to this Court. Upon review of the motion and consideration of the relevant authorities, the Court concludes that the motion should be denied without prejudice. Middle District of Florida Local Rule 3.01(a) requires that all motions filed with the Court contain a sta..
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ORDER
JAMES S. MOODY, Jr., District Judge.
THIS CAUSE is before the Court on Defendant Nazir Hamoui's Motion to Sever Claims (Dkt. 4). The motion was filed in state court on September 16, 2015. The case has since been removed to this Court. Upon review of the motion and consideration of the relevant authorities, the Court concludes that the motion should be denied without prejudice.
Middle District of Florida Local Rule 3.01(a) requires that all motions filed with the Court contain a statement of the basis for the relief requested and a memorandum of legal authority in support of that request. Although Hamoui's motion does contain a short legal memorandum, that memorandum cites only Florida law. Once removed to this Court, however, federal law governs the request. See Fed. R. Civ. P. 21; see also Ingram v. CSX Transp., Inc., 146 F.3d 858, 861 (11th Cir. 1998) (noting that after removal court should apply federal law to questions of joinder and severance).
Hamoui's motion fails to supply a memorandum of relevant legal authority. It is therefore ORDERED AND ADJUDGED that:
1. Defendant Hamoui's Motion to Sever (Dkt. 4) is DENIED WITHOUT PREUDICE.
2. Should the motion again become ripe, Defendant may re-file in conformity with the Local Rules for the United States District Court for the Middle District of Florida.
DONE and ORDERED.
Source: Leagle
