Filed: Mar. 18, 2015
Latest Update: Mar. 18, 2015
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter is before the Court on Plaintiff Aida Vega's Motion to Strike Defendant's Affirmative Defenses Four, Nine, Ten, Eleven, Twelve, Thirteen & Fourteen ( Doc. #35 ) filed on March 16, 2015. 2 For the following reasons, the Court will deny without prejudice Plaintiff's Motion. Middle District of Florida Local Rule 3.01(g) states, in pertinent part, that [b]efore filing any motion in a civil case, . . . the moving party shall conf
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter is before the Court on Plaintiff Aida Vega's Motion to Strike Defendant's Affirmative Defenses Four, Nine, Ten, Eleven, Twelve, Thirteen & Fourteen ( Doc. #35 ) filed on March 16, 2015. 2 For the following reasons, the Court will deny without prejudice Plaintiff's Motion. Middle District of Florida Local Rule 3.01(g) states, in pertinent part, that [b]efore filing any motion in a civil case, . . . the moving party shall confe..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter is before the Court on Plaintiff Aida Vega's Motion to Strike Defendant's Affirmative Defenses Four, Nine, Ten, Eleven, Twelve, Thirteen & Fourteen (Doc. #35) filed on March 16, 2015.2 For the following reasons, the Court will deny without prejudice Plaintiff's Motion.
Middle District of Florida Local Rule 3.01(g) states, in pertinent part, that
[b]efore filing any motion in a civil case, . . . 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) state whether counsel agree on the resolution of the motion.
M.D. Fla. Local Rule 3.01(g). This rule is designed to foster communication between the parties and help resolve certain disputes without court intervention. See Desai v. Tire Kingdom, Inc., 944 F.Supp. 876, 878 (M.D. Fla. 1996). The importance of Local Rule 3.01(g) in helping avoid needless litigation cannot be overstated. See Esrick v. Mitchell, No. 5:08-cv-50, 2008 WL 5111246, at *1 (M.D. Fla. Dec. 3, 2008) (stating a violation of "Local Rule 3.01(g) constitutes sufficient grounds to deny the relief sought by the noncompliant moving party").
Conspicuously absent from Plaintiff's motion is Local Rule 3.01(g) certification that he conferred with Defendant Circle K Stores, Inc. in a good faith effort to resolve this matter without the Court's involvement. (Doc. #35). Since Plaintiff's motion fails to comply with Local Rule 3.01(g), the Court will deny without prejudice his Motion to Strike Defendant's Affirmative Defenses. (Id.).
Accordingly, it is now
ORDERED:
Plaintiff Aida Vega's Motion to Strike Defendant's Affirmative Defenses Four, Nine, Ten, Eleven, Twelve, Thirteen & Fourteen (Doc. #35) is DENIED without prejudice.
DONE and ORDERED.
