Allied World Assurance Company v. Lee Memorial Health System et al

Filing 60

ORDER denying without prejudice 55 Allied World Assurance Company's Motion for Summary Judgment. Allied World Assurance Company may file an amended motion for summary judgment that complies with the Court's procedures on or before January 24, 2019. Defendants may file a response within fourteen (14) days of service of Allied World Assurance Company's amended motion for summary judgment. Signed by Judge Sheri Polster Chappell on 1/18/2019. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ALLIED WORLD ASSURANCE
COMPANY,
Plaintiff,
v.

Case No: 2:18-cv-158-FtM-38CM

LEE MEMORIAL HEALTH SYSTEM,
LESLEY HOLMAN, DOMINGO
PEREZ TROY, MARIA PEDRO
RUPERTO and LEXINGTON
INSURANCE COMPANY,
Defendants.
/
ORDER1
Before the Court is Allied World Assurance Company’s Motion for Summary
Judgment. (Doc. 55). Because Allied failed to follow this Court’s requirements on a
motion for summary judgment, its motion is denied without prejudice.
The Court’s website lays out specific requirements for the filing of a motion for
summary judgment.

Pertinent here, a moving party must include a section titled,

“Statement of Material Facts,” that lists each material fact alleged not to be disputed in
separate, numbered paragraphs.

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Allied fails to separate its undisputed facts into

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numbered paragraphs. Further, an exhibit index is required if a motion for summary
judgment or response includes exhibits exceeding ten pages. That is the case here, and
Allied is missing an exhibit index. Thus, the Court denies the motion without prejudice.
Accordingly, it is now
ORDERED:
(1) Allied World Assurance Company’s Motion for Summary Judgment (Doc. 55)
is DENIED without prejudice.
(2) Allied World Assurance Company may file an amended motion for summary
judgment that complies with the Court’s procedures on or before January 24,
2019. Defendants may file a response within fourteen (14) days of service of
Allied World Assurance Company’s amended motion for summary judgment.
DONE and ORDERED in Fort Myers, Florida this 17th day of January 2019.

Copies: All Parties of Record

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