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Corbin v. JP Morgan Chase Bank, N.A., 5:18-cv-470-Oc-30PRL. (2018)

Court: District Court, M.D. Florida Number: infdco20180920a90 Visitors: 15
Filed: Sep. 19, 2018
Latest Update: Sep. 19, 2018
Summary: ORDER PHILIP R. LAMMENS , Magistrate Judge . This case is before the Court on Defendant's Motion to Strike Jury Demand and Immaterial allegations (Doc. 7). Upon preliminary review, the Court observes that Defendant's motion lacks the certification required by Local Rule 3.01(g) and it is therefore due to be denied. Local Rule 3.01(g) provides that "[b]efore filing any motion in a civil case, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dism
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ORDER

This case is before the Court on Defendant's Motion to Strike Jury Demand and Immaterial allegations (Doc. 7). Upon preliminary review, the Court observes that Defendant's motion lacks the certification required by Local Rule 3.01(g) and it is therefore due to be denied.

Local Rule 3.01(g) provides that "[b]efore filing any motion in a civil case, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, or to involuntarily dismiss an action, the moving party shall confer with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion, and shall file with the motion a statement (1) certifying that the moving counsel has conferred with opposing counsel and (2) stating whether counsel agree on the resolution of the motion." The purpose of Local Rule 3.01(g) "is to require the parties to communicate and resolve certain types of disputes without court intervention." Desai v. Tire Kingdom, Inc., 944 F.Supp. 876, 878 (M.D. Fla. 1996). Further, the term "communicate" has been defined as "to speak to each other in person or by telephone, in a good faith attempt to resolve disputed issues." Davis v. Apfel, No. 6:98-CV-651-ORL-22A, 2000 WL 1658575 at n. 1(M.D. Fla. Aug. 14, 2000). The Court expects counsel to comply with both the letter and spirt of Local Rule 3.01(g).

If Defendant wishes to refile its motion, it may do so only after fully satisfying both the letter and spirit of Local Rule 3.01(g), and specifically and meaningfully discussing, either in person or via telephone each and every issue that remains in dispute in an effort to reach a resolution.

DONE and ORDERED.

Source:  Leagle

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