Walters v. Fast AC, LLC et al

Filing 102

ORDERED: 72 FTL's motion for summary judgment, 73 FTL's statement of undisputed facts, and 75 Mr. Walters' motion for partial summary judgment are STRICKEN for failure to comply with Local Rule 3.01(a). The parties may file renewed motions for summary judgment that comply with this Order and the Court's Local Rules no later than December 4, 2020. Signed by Judge John L. Badalamenti on 11/16/2020. (SMG)

Case 2:19-cv-00070-JLB-MRM Document 102 Filed 11/16/20 Page 1 of 2 PageID 1460

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

Case No.: 2:19-cv-00070-JLB-MRM

FAST AC, LLC, and FTL CAPITAL
PARTNERS, LLC,
Defendants.

/
ORDER

Plaintiff Gary Walters and Defendant FTL Capital Partners, LLC (“FTL”),
have filed cross-motions for summary judgment in this Court. (Docs. 72–73, 75.)
Neither motion complies with Local Rule 3.01(a), which is reproduced below for the
parties’ convenience:
In a motion or other application for an order, the movant shall include
a concise statement of the precise relief requested, a statement of the
basis for the request, and a memorandum of legal authority in support
of the request, all of which the movant shall include in a single
document not more than 25 pages.
M.D. Fla. R. 3.01(a) (emphasis added). The Case Management and Scheduling
Order (“CMSO”) contains the same restrictions. (Doc. 21 at 5–6.)
FTL’s twenty-three-page motion refers to a separately filed Statement of
Undisputed Facts, which is eighteen pages. (Docs. 72–73.) Mr. Walters’ motion is
twenty-six pages, excluding the title page and the certificate of service. (Doc. 75.)
As both motions exceed the number of pages permitted by the Local Rules and the
CMSO, the Court must strike them. The parties may file renewed motions for

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summary judgment that comply with the Local Rules and the CMSO no later than
the deadline set forth in this Order.
Accordingly, it is ORDERED:
1.

FTL’s motion for summary judgment (Doc. 72), FTL’s statement of
undisputed facts (Doc. 73), and Mr. Walters’ motion for partial
summary judgment (Doc. 75), are STRICKEN for failure to comply
with Local Rule 3.01(a).

2.

The parties may file renewed motions for summary judgment that
comply with this Order and the Court’s Local Rules no later than
December 4, 2020.

ORDERED in Fort Myers, Florida, on November 16, 2020.

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