United States of America v. Rogers

Filing 25

ORDER denying without prejudice 14 Plaintiff's Motion for summary judgment. Signed by Judge Sheri Polster Chappell on 4/25/2018. (LMF)

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

Case No: 2:17-cv-608-FtM-99CM

JOHN C. ROGERS,
Defendant.
/
ORDER1
This matter comes before the Court on review of Plaintiff’s Motion for Summary
Judgment (Doc. 14) filed on March 22, 2018, and Defendant’s Response in Opposition
(Doc. 23) filed on April 20, 2018. Plaintiff argues that summary judgment is proper in part
because Defendant failed to raise any affirmative defenses. Since the filing of Plaintiff’s
Motion for Summary Judgment, Defendant has filed an Amended Answer and Affirmative
Defenses, unopposed by Plaintiff. (Doc. 22). Because the newly-asserted affirmative
defenses could impact the arguments made by Plaintiff in support of summary judgment,
the Motion will be denied without prejudice. The Court also notes that Plaintiff has not
followed the Court’s procedures on motions for summary judgment. As stated on the
Undersigned’s website, 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.2 Any future Motions for Summary
Judgment must comply with the Undersigned’s procedures.

1

Disclaimer: Users are cautioned that hyperlinked documents in CM/ECF are subject to PACER
fees.
2

See http://www.flmd.uscourts.gov/judges/sheri-polster-chappell.

Accordingly, it is now
ORDERED:
Plaintiff’s Motion for Summary Judgment (Doc. 14) is DENIED without prejudice.
DONE and ORDERED in Fort Myers, Florida this 25th day of April, 2018.

Copies: All Parties of Record

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