Castilla Roofing, Inc. A/A/O John Cuckler and Marjorie Cuckler v. Indian Harbor Insurance Company

Filing 35

ORDERED: Defendant's Motion for Summary Judgment (Doc. 33) is STRICKEN. Signed by Judge Sheri Polster Chappell on 9/8/2021. (AEH)

Case 2:21-cv-00200-SPC-MRM Document 35 Filed 09/08/21 Page 1 of 2 PageID 296

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CASTILLA ROOFING, INC. A/A/O
JOHN CUCKLER AND
MARJORIE CUCKLER,
Plaintiff,
v.

Case No: 2:21-cv-200-SPC-MRM

INDIAN HARBOR
INSURANCE COMPANY,
Defendant.
/
ORDER1
This matter comes before the Court on review of Defendant’s Motion for
Summary Judgment. (Doc. 33). The Court strikes the filing because it does
not comply with the Court’s procedure on motions for summary judgment. As
stated on the undersigned’s website and in the Case Management and
Scheduling Order (Doc. 18), a motion for summary judgment must include a
memorandum of law in support and a specifically captioned section titled,
“Statement of Material Facts,” in a single document not to exceed 25 pages.
Because Defendant’s Motion does not follow this procedure, the Court will

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Case 2:21-cv-00200-SPC-MRM Document 35 Filed 09/08/21 Page 2 of 2 PageID 297

strike it. There are other problems with the Motion for Summary Judgment.
The Statement of Disputed Facts (Doc. 32) cites S.D. Fla. Local Rule 56.1; the
Motion for Summary Judgment refers to “this Court” as the Southern District
of Florida (Doc. 33 at 7); and the Motion for Summary Judgment reads like a
motion to dismiss: “As such, CRI cannot demonstrate a viable cause of action
upon which relief can be granted.” (Doc. 33 at 8). Any refiled motion should
fix these problems.
The Court takes this opportunity to reiterate another point from the
undersigned’s website and the Case Management and Scheduling Order—only
one motion for summary judgment may be filed by a party absent leave of
Court.
Accordingly, it is now
ORDERED:
Defendant’s Motion for Summary Judgment (Doc. 33) is STRICKEN.
DONE and ORDERED in Fort Myers, Florida on September 8, 2021.

Copies: All Parties of Record

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