Price v. City of Edgewater, 6:19-cv-1168-Orl-37LRH. (2019)
Court: District Court, M.D. Florida
Number: infdco20190731b23
Visitors: 5
Filed: Jul. 30, 2019
Latest Update: Jul. 30, 2019
Summary: ORDER TO STRIKE ROY B. DALTON, JR. , District Judge . Before the Court is Defendants' motion to dismiss for lack of standing. (Doc. 15 (" 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
Summary: ORDER TO STRIKE ROY B. DALTON, JR. , District Judge . Before the Court is Defendants' motion to dismiss for lack of standing. (Doc. 15 (" 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 ..
More
ORDER TO STRIKE
ROY B. DALTON, JR., District Judge.
Before the Court is Defendants' motion to dismiss for lack of standing. (Doc. 15 ("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." Although Defendant claims its motion seeks dismissal for failure to state a claim (Doc. 15, p. 1), the motion seeks dismissal for lack of standing, which is properly classified as a motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1). Stalley ex rel. United States v. Orlando Reg'l Healthcare Sys., Inc., 524 F.3d 1229, 1232 (11th Cir. 2008). Thus, Defendant must confer before filing this type of motion and include the requisite statement under Local Rule 3.01(g).
Accordingly, the Clerk is DIRECTED TO STRIKE Defendants, City of Edgewater's Motion to Dismiss and Incorporated Memorandum of Law. (Doc. 15.)
DONE AND ORDERED.
Source: Leagle
