Stuart C. Irby Company v. Western Surety Company et al

Filing 49

ORDER denying as moot 47 BC Power, Inc.'s ex parte Motion to Defer Mediation; denying without prejudice 48 Motion to Defer Mediation. Signed by Magistrate Judge Carol Mirando on 11/28/2016. (LS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
STUART C. IRBY COMPANY,
Plaintiff,
v.

Case No: 2:16-cv-211-FtM-99CM

WESTERN SURETY COMPANY,
BROOKS & FREUND, L.L.C. and
BC POWER, INC.,
Defendants.
ORDER
This matter comes before the Court upon review of BC Power, Inc.’s ex parte
Motion to Defer Mediation (Doc. 47) filed on November 23, 2016 and Motion to Defer
Mediation (Doc. 48) filed on the same day. BC Power, Inc. (“BC Power”) first filed
its ex parte motion (Doc. 47), then immediately filed the identical motion (Doc. 48) in
the public file. Because the motions are identical, BC Power ex parte Motion to Defer
Mediation (Doc. 47) is due to be denied as moot.

For the foregoing reasons, BC

Power’s Motion to Defer Mediation (Doc. 48) is due to be denied without prejudice.
The parties have scheduled a mediation to take place on December 8, 2016.
Doc. 48 at 4. BC Power, Inc. (“BC Power”) requests the Court to defer mediation to
a later date so that it can first resolve BC Power’s “impending Motion to Set Aside
the Assignment,” that it intends to file. Id. at 2.
Local Rule 3.01(g), United States District Court, Middle District of Florida,
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.” M.D. Fla. R. 3.01(g). The Court notes that the motion
does not include a certification pursuant to Rule 3.01(g) that BC Power conferred with
opposing counsel in good faith prior to filing the motion and whether opposing counsel
agrees to the requested relief. Accordingly, the Court will deny without prejudice
BC Power’s motion for failure to comply with the local rules.
ACCORDINGLY, it is hereby
ORDERED:
1.

BC Power, Inc.’s ex parte Motion to Defer Mediation (Doc. 47) is

DENIED as moot.
2.

BC Power, Inc.’s Motion to Defer Mediation (Doc. 48) is DENIED

without prejudice.
DONE and ORDERED in Fort Myers, Florida on this 28th day of November,
2016.

Copies:
Counsel of record

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