Beatty v. United Parcel Service, Inc.

Filing 43

ORDER denying without prejudice 42 the Defendant United Parcel Service, Inc.'s Motion for Summary Judgment. Defendant may file an amended motion for summary judgment that complies with the Court's procedures on or before October 7, 2016. Plaintiff Bradley Beatty 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 10/4/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
BRADLEY BEATTY,
Plaintiff,
v.

Case No: 2:15-cv-607-FtM-38CM

UNITED PARCEL SERVICE, INC.,
Defendant.
/
ORDER 1
This matter comes before the Court on Defendant United Parcel Service, Inc.’s
Motion for Summary Judgment (Doc. #42) filed on October 3, 2016. 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 Because Defendant's motion does not list each fact alleged to be disputed in
separate, numbered paragraphs, the Court denies its motion without prejudice.

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

In addition, the undersigned requires any motion for summary judgment (or
response thereto) containing exhibits that total more than ten (10) pages to have an index
to the exhibits that lists the exhibit number and title of the exhibit. Counsel must file the
index as the first attachment to the parent document. To view a sample exhibit index,
counsel should visit the undersigned's website.
Accordingly, it is now
ORDERED:
The Defendant United Parcel Service, Inc.’s Motion for Summary Judgment (Doc.
#42) is DENIED without prejudice. Defendant may file an amended motion for summary
judgment that complies with the Court's procedures on or before October 7, 2016.
Plaintiff Bradley Beatty 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 4th day of October, 2016.

Copies: All Parties of Record

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