Andre et al v. Sellstate Realty Systems Network, Inc. et al

Filing 44

ORDER denying without prejudice 43 the Defendant, Sellstate Realty Systems Network, Inc.'s Motion to Strike the Plaintiffs Demand for a Jury Trial. Signed by Magistrate Judge Sheri Polster Chappell on 6/18/2010. (LMH)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

JOHN ANDRE; CHANDY ANDRE, Plaintiffs, -vsSELLSTATE REALTY SYSTEMS NETWORK, INC. a Florida corporation; ARTHUR DARMANIN an individual; NEIL J. CRESSWELL an individual; and MICHAEL 36REIN, an individual, Defendants. ______________________________________ Case No. 2:09-cv-503-FtM-36SPC

ORDER This matter comes before the Court on the Defendant, Sellstate Realty Systems Network, Inc.'s Motion to Strike the Plaintiff's Demand for a Jury Trial (Doc. #43) filed on June 18, 2010. The Defendant's Motion to Strike does not contain a Rule 3.01(g) certification. Pursuant to M.D. Fla. Local Rule (3.01)(g) a party moving the Court for relief in a motion other than a dispositive motion must file a certificate with the motion certifying that the parties have conferred regarding the matter and cannot come to an agreement. In this instance, the Defendant did not attach his 3.01(g) certification. The Defendant's failure is fatal to his Motion and the Motion is do to be denied without prejudice. Accordingly, it is now ORDERED:

The Defendant, Sellstate Realty Systems Network, Inc.'s Motion to Strike the Plaintiff's Demand for a Jury Trial (Doc. #43) is DENIED without prejudice. DONE AND ORDERED at Fort Myers, Florida, this 18th day of June, 2010.

Copies: All Parties of Record

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