Dyck-O'Neal, Inc. v. England

Filing 47

ORDER denying without prejudice 44 Defendant Brandt England's Motion for Summary Judgment. Defendant may file an amended motion for summary judgment that complies with the Court's procedures on or before November 24, 2015. Plaintiff Dyck-O'Neal, Inc. may file a response thereto within fourteen (14) days of service of Defendant's amended motion for summary judgment. Signed by Judge Sheri Polster Chappell on 11/10/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DYCK-O’NEAL, INC.,
Plaintiff,
v.

Case No: 2:15-cv-27-FtM-38MRM

BRANDT ENGLAND,
Defendant.
/
ORDER1
This matter comes before the Court on Defendant Brandt England's Motion for
Summary Judgment (Doc. #44) filed on November 9, 2015. The Court denies without
prejudice Defendant's motion because it does not comply with the Court's procedure on
a motion for summary judgment. 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 paragraphs. See Letter to Counsel
Regarding Updates to Policies and Procedures (Oct. 14, 2015) (emphasis added).2 In
addition, each fact must be supported by a pinpoint citation to the specific part of the
record relied upon to support that fact. Id. Because Defendant's motion does not list

1

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hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court.
2

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

each fact alleged to be disputed in separate, numbered paragraphs, the Court denies his
motion without prejudice.
Accordingly, it is now
ORDERED:
Defendant Brandt England's Motion for Summary Judgment (Doc. #44) is DENIED
without prejudice. Defendant may file an amended motion for summary judgment that
complies with the Court's procedures on or before November 24, 2015. Plaintiff DyckO'Neal, Inc. may file a response thereto within fourteen (14) days of service of
Defendant's amended motion for summary judgment.
DONE and ORDERED in Fort Myers, Florida this 10th day of November, 2015.

Copies: All Parties of Record

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