CHRISTIAN v. AMICA MUTUAL INSURANCE COMPANY, 2:14-cv-620-FtM-38CM. (2014)
Court: District Court, M.D. Florida
Number: infdco20141125a06
Visitors: 4
Filed: Nov. 24, 2014
Latest Update: Nov. 24, 2014
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Plaintiff's Motion to Remand to State Court filed on November 13, 2014. (Doc. #11). Although the time for Defendant to respond to Plaintiff's Motion has not yet expired, the Court notes that the Motion fails to comply with the Local Rules of the Middle District of Florida. Specifically, Local Rule 3.01(g) provides in pertinent part: [b]efore filing any motion in a civil case, except a motion for injunctive
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Plaintiff's Motion to Remand to State Court filed on November 13, 2014. (Doc. #11). Although the time for Defendant to respond to Plaintiff's Motion has not yet expired, the Court notes that the Motion fails to comply with the Local Rules of the Middle District of Florida. Specifically, Local Rule 3.01(g) provides in pertinent part: [b]efore filing any motion in a civil case, except a motion for injunctive ..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff's Motion to Remand to State Court filed on November 13, 2014. (Doc. #11). Although the time for Defendant to respond to Plaintiff's Motion has not yet expired, the Court notes that the Motion fails to comply with the Local Rules of the Middle District of Florida. Specifically, Local Rule 3.01(g) provides in pertinent part:
[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. A certification to the effect that opposing counsel was unavailable for a conference before filing a motion is insufficient to satisfy the parties' obligation to confer. The moving party retains the duty to contact opposing counsel expeditiously after filing and to supplement the motion promptly with a statement certifying whether or to what extent the parties have resolved the issue(s) presented in the motion.
>M.D. Fla. Local Rule 3.01(g) (emphasis added). Here, Plaintiff's Motion clearly lacks a certification noting that he first conferred with Defendant to determine whether or not the requested relief is opposed. Accordingly, Plaintiff's Motion will be stricken. However, the Court grants Plaintiff leave to renew his Motion once he complies with the Local Rules.
Accordingly, it is now
ORDERED:
The Clerk is directed to strike Plaintiff's Motion for Remand to State Court (Doc. #11) from the docket. Plaintiff may renew his Motion once he complies with the Local Rules for the Middle District of Florida.
DONE and ORDERED.
FootNotes
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Source: Leagle
