Chen v. DeSoto County, Florida

Filing 66

ORDER denying 64 Plaintiff's Second Motion to Compel Answers to Discovery ; denying 65 Plaintiff's Motion Seeking Court's Leave to File Plaintiff's Response to Defendant DeSoto County's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint and Plaintiff's Response to Defendant Jason Green's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint. Signed by Magistrate Judge Sheri Polster Chappell on 10/26/2010. (LMH)

Chen v. DeSoto County, Florida

Doc. 66

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION GUANG CHEN, Plaintiff, -vsDESOTO COUNTY, FLORIDA, a political subdivision of the State of Florida, and JASON GREEN, individually and as County Planning Manager for DeSoto County, Florida, Defendants. ______________________________________ Case No. 2:09-cv-752-FtM-36SPC

ORDER This matter comes before the Court on Plaintiff's Second Motion to Compel Answers to Discovery (Doc. #64) filed on October 25, 2010. Also before the Court is Plaintiff's Motion Seeking Court's Leave to File Plaintiff's Response to Defendant DeSoto County's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint and Plaintiff's Response to Defendant Jason Green's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint (Doc. #65) filed on October 25, 2010. Plaintiff's Second Motion to Compel is a duplicate of his First Motion to Compel (Doc. #53). The Court granted the First Motion on October 25, 2010 (Doc. #63). Thus, the Second Motion is due to be denied as moot. Plaintiff is cautioned that duplicative filings are not allowed. Plaintiff's motions will be ruled on by the Court in due course and if Plaintiff wishes to supplement a motion he must move for leave of court to do so.

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Plaintiff also moves for leave to file a response to the Defendants' Answer and Affirmative Defenses, alleging that the Defendants have misled this Court and "manufactured many false statements and defamation statements." The Court will not allow Plaintiff to file a response. Plaintiff may conduct discovery in order to gather evidence in support of his allegations and to refute Defendants' allegations. Plaintiff may then file a properly supported dispositive motion. Accordingly, it is now ORDERED: Plaintiff's Second Motion to Compel Answers to Discovery (Doc. #64) is DENIED. Plaintiff's Motion Seeking Court's Leave to File Plaintiff's Response to Defendant DeSoto County's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint and Plaintiff's Response to Defendant Jason Green's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint (Doc. #65) is DENIED. DONE AND ORDERED at Fort Myers, Florida, this 26th day of October, 2010.

Copies: All Parties of Record

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