Bernath v. Seavey

Filing 180

ORDER denying without prejudice 177 and 178 Defendants Mark Cameron Seavey and The American Legion's Motions for Summary Judgment. Defendants may file an amended motion for summary judgment that complies with the Court's procedures on or before March 20, 2017. Plaintiff Daniel A. Bernath may file a response thereto within fourteen (14) days of service of Defendants' amended motions for summary judgment. Signed by Judge Sheri Polster Chappell on 3/13/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DANIEL A. BERNATH,
Plaintiff,
v.

Case No: 2:15-cv-358-FtM-99CM

MARK CAMERON SEAVEY,
Defendant.
/
OPINION AND ORDER1
This matter comes before the Court on Defendants Mark Cameron Seavey and
The American Legion's Motions for Summary Judgment (Doc. 177; Doc. 178) filed on
March 9, 2017. The Court denies without prejudice Defendants’ motions because they
do not comply with the Court’s procedure on a motion for summary judgment. All civil
motions and cross-motions must include a concise statement of the precise relief
requested, a statement of the basis for the request, and a memorandum of legal authority
in support of the request, all of which the movant shall include in a single document not
more than twenty-five (25) pages. See M.D. Fla. Local R. 3.01 (emphasis added).

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Here, Defendants have attached their Statements of Material Facts as exhibits.
(Doc. 177-1; Doc. 178-2). This is not in compliance with the local rules. Defendants must
include the Statement of Material Facts section in the Motion for Summary Judgment and
comply with the twenty-five (25) page requirement. Should the twenty-five (25 pages be
insufficient for the Defendants to address the issues in this case, they may petition the
Court to file a document in excess of the page limit. However, at this time, the Court
denies both Motions without prejudice.
Accordingly, it is now
ORDERED:
Defendants Mark Cameron Seavey and The American Legion's Motions for
Summary Judgment (Doc. 177; Doc. 178) are DENIED without prejudice. Defendants
may file an amended motion for summary judgment that complies with the Court’s
procedures on or before March 20, 2017. Plaintiff Daniel A. Bernath may file a response
thereto within fourteen (14) days of service of Defendants’ amended motions for
summary judgment.
DONE and ORDERED in Fort Myers, Florida this 13th day of March, 2017.

Copies: All Parties of Record

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