Advantaira Trust, LLC v. G Square Investments, Inc. et al

Filing 19

ORDER denying 17 the Defendant Glenn Green's Motion to dismiss. The Clerk of the Court is directed to STRIKE the Motion. Defendant Green shall have until June 13, 2014 to re-file a signed motion, or otherwise answer the Plaintiff's Complaint. Signed by Judge Sheri Polster Chappell on 6/2/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ADVANTAIRA TRUST, LLC, FBO Eric
Honcharenko IRA #XXXX401, a
Florida limited liability company
Plaintiff,
v.

Case No: 2:14-cv-76-FtM-38DNF

G SQUARE INVESTMENTS, INC.
and GLENN GREEN,
Defendants.
/
ORDER1
This matter comes before the Court on Defendant Glenn Green’s Motion to
dismiss (Doc. #17) filed on May 9, 2014. No response has been filed by the opposition.
Upon review of the Defendant Green’s Motion, the Court notes that the Motion to
Dismiss was not signed. Pursuant to Fed. R. Civ. P. all motions filed with the Court
must be signed by the moving party. Rule 11 reads in pertinent part:
Every pleading, written motion, and other paper must be signed by at least
one attorney of record in the attorney’s name-or by a party personally if
the party is unrepresented. The paper must state the signer’s address, email address, and telephone number. Unless a rule or statute specifically
states otherwise, a pleading need not be verified or accompanied by an
affidavit. The court must strike an unsigned paper unless the omission is
promptly corrected after being called to the attorney’s or party’s attention.
1

Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or Web sites.
These hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked
documents in CM/ECF are subject to PACER fees. By allowing hyperlinks to other Web sites, this court
does not endorse, recommend, approve, or guarantee any third parties or the services or products they
provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their
Web sites. The court accepts no responsibility for the availability or functionality of any hyperlink. Thus,
the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion
of the court.

Fed. R. Civ. P 11(a). Because the Defendant Green’s Motion to Dismiss (Doc. #17) is
not signed as required by Rule, the Motion is denied.
The Defendant is reminded that despite his pro se status, it is mandatory that he
participate and cooperate in discovery, comply with the deadlines established in the
Court’s Scheduling Order, respond properly to motions, and proceed in accordance with
the Federal and Local Rules. Loren v Sasser, 309 F.3d 1296, 1304 (11th Cir. 2002)
(holding that even pro se parties must follow procedures).

Failure to do so could result

in sanctions or the denial of any motions or requests for relief from the Court.
Due to his pro se status, Green will be allowed to re-file a signed motion or
otherwise answer the Plaintiff’s Complaint.
Accordingly, it is now
ORDERED:
1. The Defendant Glenn Green’s Motion to dismiss (Doc. #17) is DENIED.
2. The Clerk of the Court is directed to STRIKE the Motion.
3. Defendant Green shall have until June 13, 2014 to re-file a signed motion, or
otherwise answer the Plaintiff’s Complaint.
DONE and ORDERED in Fort Myers, Florida this 2nd day of June, 2014.

Copies: All Parties of Record

2