McCourtney-Bates v. Bates et al

Filing 32

ORDER denying without prejudice 29 Defendant Sheriff Prummell's Motion for Summary Judgment. Defendant may file an amended motion for summary judgment that complies with the Court's procedures on or before April 22, 2016. Plaintiff 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 4/8/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
BARBARA MCCOURTNEY-BATES,
Plaintiff,
v.

Case No: 2:15-cv-370-FtM-99CM

WALTER F. BATES and WILLIAM G.
PRUMMELL,
Defendants.
/
ORDER1
This matter comes before the Court on Defendant Sheriff Prummell’s Motion for
Summary Judgment (Doc. #29) filed on April 5, 2016.

The Court denies without

prejudice Defendant’s Motion because it does not comply with the undersigned’s
procedure on motions 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

paragraphs.

See

the

undersigned’s

http://www.flmd.uscourts.gov/judicialinfo/ftmyers/JgChappell.htm.

website

at

Because

Defendant’s Motion contains an “Undisputed Facts” section that fails to list each fact
alleged not to be disputed in separate, numbered paragraphs – and because the

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the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of
the court.

undersigned’s procedure regarding motions for summary judgment is relatively new – the
Court denies Defendants’ motion without prejudice. The Court also notes that this case
is on the unassigned docket, consequently, Defendant may not have been aware the
undersigned’s policies and procedures were applicable to this case.
Accordingly, it is now
ORDERED:
Defendant Sheriff Prummell’s Motion for Summary Judgment (Doc. #29) is
DENIED without prejudice.

Defendant may file an amended motion for summary

judgment that complies with the Court's procedures on or before April 22, 2016. Plaintiff
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 on this 8th day of April, 2016.

Copies: All Parties of Record

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