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Landing Title Agency, Inc. v. Greenwich Insurance Company, 6:19-cv-508-Orl-37GJK. (2019)

Court: District Court, M.D. Florida Number: infdco20190325930 Visitors: 5
Filed: Mar. 21, 2019
Latest Update: Mar. 21, 2019
Summary: ORDER TO STRIKE ROY B. DALTON, JR. , District Judge . Before the Court is Defendant's motion to dismiss Plaintiff's Complaint pursuant to Federal Rules of Civil Procedure 12(b)(7) and 19 for failure to join an indispensable party. (Doc. 7 (" Motion ").) As the Motion fails to comply with Local Rule 3.01(g), it is due to be stricken. Rule 3.01(g) requires that movants include with most motions "a statement (1) certifying that the moving counsel has conferred with opposing counsel and (2) s
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ORDER TO STRIKE

Before the Court is Defendant's motion to dismiss Plaintiff's Complaint pursuant to Federal Rules of Civil Procedure 12(b)(7) and 19 for failure to join an indispensable party. (Doc. 7 ("Motion").) As the Motion fails to comply with Local Rule 3.01(g), it is due to be stricken.

Rule 3.01(g) requires that movants include with most motions "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." For motions to dismiss, Rule 3.01(g) only exempts motions "to dismiss for failure to state a claim upon which relief can be granted." Clearly, Defendant's Motion seeking dismissal of Plaintiff's Complaint for failure to join an indispensable party falls outside this slim exemption. Because the Motion fails to include the required 3.01(g) certification, it is stricken. Counsel for Defendant are reminded of their obligation to thoroughly review the Local Rules before seeking relief in this Court.

Accordingly, the Clerk is DIRECTED TO STRIKE Defendant's Motion to Dismiss Plaintiff's Complaint (Doc. 7).

Source:  Leagle

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