Auth et al v. AIG Property Casualty Company

Filing 16

ORDER denying without prejudice #13 Opposed Motion to Strike Affirmative Defenses and striking #11 Pretrial & Discovery Plan. By December 3, 2020, the parties are to file a Pretrial & Discovery Plan found on the assigned magistrate judge's website. Signed by Magistrate Judge Nicholas P. Mizell on 11/19/2020. (brh)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

SHARON AUTH and TOM
AUTH,
Plaintiffs,
v.

Case No. 2:20-cv-773-FtM-38NPM

AIG PROPERTY CASUALTY
COMPANY,
Defendant.
ORDER
Before the Court are the parties’ Pretrial & Discovery Plan (Doc. 11),
Plaintiffs’ Opposed Motion to Strike Affirmative Defenses (Doc. 13), and Response
in Opposition (Doc. 15). In the Track Two Notice (Doc. 6), the parties were directed
to complete a Pretrial and Discovery Plan found on the assigned judge’s website.
The parties did not complete the correct form found on Judge Mizell’s website and
therefore the Court will strike it. The Court directs the parties to complete the proper
form.
Relatedly, Plaintiffs filed a Motion to Strike Affirmative Defenses (Doc. 13).
This Court has a section in its Pretrial & Discovery Plan concerning motions to
strike. The Court will deny without prejudice Plaintiffs’ Opposed Motion to Strike

Affirmative Defenses (Doc. 13) to give Plaintiffs an opportunity to comply with this
Court’s directives, if they can.
Accordingly, it is ORDERED:
(1)

The Opposed Motion to Strike Affirmative Defenses (Doc. 13) is
DENIED without prejudice.

(2)

The Pretrial & Discovery Plan (Doc. 11) is STRICKEN and the Clerk
is directed to amend the docket to reflect that it is stricken.

(3)

By December 3, 2020, the parties are to file a Pretrial & Discovery Plan
found on the assigned magistrate judge’s website.

DONE and ORDERED in Fort Myers, Florida on November 19, 2020.

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