Miller et al v. Summers et al

Filing 82

ORDER denying without prejudice 79 Defendants John M. Summers, Summers Gulf Management, LLC, and Corkscrew Management, LLC's Motion for Summary Judgment. Defendants may file an amended motion for summary judgment that complies with the C ourt's procedures on or before October 30, 2015. Plaintiffs Stephanie S. Miller and Select Real Estate By Stephanie Miller, Inc. may file a response thereto within fourteen (14) days of service of Defendants' amended motion for summary judgment. Signed by Judge Sheri Polster Chappell on 10/26/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
STEPHANIE S. MILLER and SELECT
REAL
ESTATE
BY STEPHANIE
MILLER, INC.,
Plaintiffs,
v.

Case No: 2:14-cv-347-FtM-38MRM

JOHN M. SUMMERS, SUMMERS
GULF MANAGEMENT, LLC and
CORKSCREW MANAGEMENT, LLC,
Defendants/Third
Party Plaintiffs
BECKER & POLIAKOFF, P.A.,
Third Party Defendant.
____________________________

/
ORDER 1

This matter comes before the Court on Defendants John M. Summers, Summers
Gulf Management, LLC, and Corkscrew Management, LLC's Motion for Summary
Judgment (Doc. #79) filed on October 20, 2015. The Court denies without prejudice
Defendants' motion because it does not comply with the undersigned's procedure on a
motion for summary judgment. As of October 14, 2015, each motion for summary
judgment must include a specifically captioned section titled, "Statement of Material
Facts," that lists each material fact alleged not to be disputed in separate, numbered

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paragraphs. See Letter to Counsel Regarding Updates to Policies and Procedures (Oct.
14, 2015) (emphasis added). 2 Because Defendants' Statement of Material Facts fails to
list each fact alleged not to be disputed in separate, numbered paragraphs – and because
the undersigned's procedure regarding motions for summary judgment is new – the Court
denies Defendants' motion without prejudice.
Accordingly, it is now
ORDERED:
Defendants John M. Summers, Summers Gulf Management, LLC, and Corkscrew
Management, LLC's Motion for Summary Judgment (Doc. #79) is DENIED without
prejudice. Defendants may file an amended motion for summary judgment that complies
with the Court's procedures on or before October 30, 2015. Plaintiffs Stephanie S. Miller
and Select Real Estate By Stephanie Miller, Inc. may file a response thereto within
fourteen (14) days of service of Defendants' amended motion for summary judgment.
DONE and ORDERED in Fort Myers, Florida this 26th day of October, 2015.

Copies: All Parties of Record

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See also the undersigned's website at http://www.flmd.uscourts.gov/judicialinfo/ftmyers/JgChappell.htm.

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