Jablonski v. The Travelers Companies, Inc.

Filing 40

ORDER denying without prejudice 38 Plaintiff's Motion for Extension of Time. Plaintiff is permitted to refile his Motion for Extension of Time in compliance with the local rules of this Court. Signed by Magistrate Judge Carol Mirando on 11/30/2015. (ANW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
EDWARD J. JABLONSKI,
Plaintiff,
v.

Case No: 2:15-cv-365-FtM-38CM

THE TRAVELERS COMPANIES,
INC.,
Defendant.
ORDER
Before the Court is Plaintiff’s Motion for Extension of Time (Doc. 38), filed on
November 24, 2015. Plaintiff requests a 30-day extension of time to hire an attorney
to file an amended complaint. Doc. 38 at 1. The Court notes that the motion does
not include a certification pursuant to Local Rule 3.01(g) that Plaintiff conferred with
opposing counsel in good faith prior to filing the motion.
Local Rule 3.01(g) requires that each motion filed in a civil case, with certain
enumerated exceptions not at issue here, contain a statement “stating whether
counsel agree on the resolution of the motion.” Here, Plaintiff fails to include a
certification in his motion that he has conferred with opposing counsel and whether
opposing counsel agrees to the requested relief. Accordingly, the Court will deny
without prejudice Plaintiff’s motion for failure to comply with the local rules.
Additionally, the Court reminds Plaintiff that before preparing any further
pleadings, Plaintiff is encouraged to visit the “Proceeding Without a Lawyer” section
of this Court’s website at www.flmd.uscourts.gov. The website includes tips,

frequently asked questions, sample forms, and a “Guide for Proceeding Without a
Lawyer.” Plaintiff is informed that if he chooses to proceed pro se, it is mandatory
that he proceed in accordance with Federal and Local Rules. Loren v Sasser, 309
F.3d 1296, 1304 (11th Cir. 2002) (noting that despite certain leniency afforded pro se
parties, they must follow procedures).
ACCORDINGLY, it is hereby
ORDERED:
Plaintiff's Motion for Extension of Time (Doc. 38) is DENIED without
prejudice.

Plaintiff is permitted to refile his Motion for Extension of Time in

compliance with the local rules of this Court.
DONE and ORDERED in Fort Myers, Florida on this 30th day of November,
2015.

Copies:
Counsel of record

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