VIVIAN v. BEAHM, 2:11-CV-150-FtM-SPC. (2012)
Court: District Court, M.D. Florida
Number: infdco20120703d33
Visitors: 28
Filed: Jul. 03, 2012
Latest Update: Jul. 03, 2012
Summary: ORDER SHERI POLSTER CHAPPELL, Magistrate Judge. This matter comes before the Court on Plaintiff, Daniel D. Vivian's Motion to Strike Defendants' Reply to Plaintiff's Response to Defendants' Motion for Final Summary Judgment (Doc. #60) filed on July 3, 2012. The Defendants filed a Motion for Final Summary Judgment with the Court on June 13, 2012. (Doc. #48). After receiving the Defendants' Motion, the Plaintiff filed his Response to the Defendants' Motion for Final Summary Judgment on June 27,
Summary: ORDER SHERI POLSTER CHAPPELL, Magistrate Judge. This matter comes before the Court on Plaintiff, Daniel D. Vivian's Motion to Strike Defendants' Reply to Plaintiff's Response to Defendants' Motion for Final Summary Judgment (Doc. #60) filed on July 3, 2012. The Defendants filed a Motion for Final Summary Judgment with the Court on June 13, 2012. (Doc. #48). After receiving the Defendants' Motion, the Plaintiff filed his Response to the Defendants' Motion for Final Summary Judgment on June 27, ..
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ORDER
SHERI POLSTER CHAPPELL, Magistrate Judge.
This matter comes before the Court on Plaintiff, Daniel D. Vivian's Motion to Strike Defendants' Reply to Plaintiff's Response to Defendants' Motion for Final Summary Judgment (Doc. #60) filed on July 3, 2012. The Defendants filed a Motion for Final Summary Judgment with the Court on June 13, 2012. (Doc. #48). After receiving the Defendants' Motion, the Plaintiff filed his Response to the Defendants' Motion for Final Summary Judgment on June 27, 2012. (Doc. #56). Thereafter, the Defendants filed a Reply to Plaintiff's Response on June 29, 2012. (Doc. #58).
Pursuant to Local Rule 3.01(c), "[n]o party shall file any reply or further memorandum directed to the motion or response allowed in [section] (a) or (b) unless the Court grants leave." It is clear that the Defendants failed to follow the Local Rules in filing this Reply. Therefore, because the Defendants failed to ask the Court's permission for leave to file the Reply, the Plaintiff's Motion is due to be granted.
Accordingly, it is now
ORDERED:
Plaintiff, Daniel D. Vivian's Motion to Strike Defendants' Reply to Plaintiff's Response to Defendants' Motion for Final Summary Judgment (Doc. #60) is GRANTED. The Clerk of the Court is hereby directed to STRIKE Defendants' Reply to Plaintiff's Response to Defendants' Motion for Final Summary Judgment. (Doc. #58).
DONE and ORDERED.
Source: Leagle
