Schneider

Filing 93

OPINION and ORDER denying without prejudice 82 Allstate Property and Casualty Insurance Company's Motion for Partial Summary Judgment; denying without prejudice 84 Julie Leonard's Motion for Partial Summary Judgment. Signed by Judge John E. Steele on 9/19/2022. (TLP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
IN RE THE COMPLAINT OF JAMES
SCHNEIDER, AS OWNER OF A 2005 34'
S2 YACHTS MOTOR VESSEL, IILN
SSUH4102G405, USCG OFFICIAL NO.
1267657,
IN
A
CAUSE
OF
EXONERATION FROM OR LIMITATION
OF LIABILITY,
Petitioner.
Case No: 2:21-cv-549-JES-KCD
IN ADMIRALTY

OPINION AND ORDER
This matter comes before the Court on review of (1) Allstate
Property

and

Casualty

Insurance

Company’s

Motion

for

Partial

Summary Judgment and Supporting Memorandum of Law (Doc. #82) filed
on August 19, 2022; (2) Julie Leonard’s Motion for Partial Summary
Judgment and Supporting Memorandum of Law (Doc. #84) filed on
August 23, 2022; (3) Petitioner James Schneider’s Responses in
Opposition

(Docs.

##86,

90)

filed

on

September

9,

2022

and

September 12, 2022; and (4) third-party defendant Robert Slade’s
Responses in Opposition (Docs. ##88, 92) filed on September 9,
2022 and September 13, 2022.

As will be discussed below, the

motions for partial summary judgment will be denied for not

complying with the Case Management and Scheduling Order, or the
Local Rules.
The Case Management and Scheduling Order (Doc. #47) states
the following:
3. Motions for Summary Judgment
. . .
b. Required Materials: 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 in length. The statement of
material facts must list each material fact alleged
not
to
be
disputed
in
separate,
numbered
paragraphs. Each fact must be supported by a
pinpoint citation to the specific part of the
record relied on to support that fact. Failure to
submit a statement of material facts constitutes
grounds to deny the motion.
An opposition to a motion for summary judgment must
include a memorandum of law and a specifically
captioned section titled, “Response to Statement
of Material Facts” in a single document not to
exceed 20 pages in length. The opposing party’s
response to the statement of material facts must
mirror the statement of material facts by admitting
and/or denying each of the moving party’s
assertions in matching numbered paragraphs. Each
denial must set forth a pinpoint citation to the
record where the fact is disputed. Although the
opposing party’s response must correspond with the
paragraph scheme used in the statement of material
facts, the response need not repeat the text of the
moving party’s paragraphs. In deciding a motion for
summary judgment, any fact that the opposing
counsel or party does not specifically controvert
and not otherwise included in the Response to
Statement of Disputed Material Facts may also be
deemed undisputed if supported by record evidence.
. . .

2

Where no CM/ECF citation is available, a specific
format like “Ex. 1., p.2” should be used throughout
the brief. Further, a general reference to a
deposition is inadequate—the page and line number of
the deposition transcript must be included. For
example, a general reference to “Deposition of
Jones” is insufficient.
(Doc. #47, p. 4)(bolded emphasis in the original and underline
added).
The motions for partial summary judgment do not comply with
the instructions set forth above because (1) the motions did not
include a memorandum of law in support and the “Statement of
Material Facts” in a single document (See Docs. ##81, 82, 83, 84)1;
(2) the statement of material facts does not list each material
fact alleged not to be disputed in separate, numbered paragraphs,
but instead by bullet points – which becomes very confusing and
impossible for the Court (and the opposing parties) when the
opposing parties must respond by admitting or denying each numbered
paragraph; and (3) the motions fail to properly cite to the record,
i.e., “Exhibit 1, p. 2.”
The Court notes that both motions are in Times New Roman and
a 12-point font. Under Local Rule 1.08(a), typeface must be Book
Antiqua, Calisto MT, Century Schoolbook, Georgia, or Palatino.
Under Local Rule 1.08(b), Times New Roman is permitted if the main

The Responses in Opposition also fail to comply with this
requirement.
1

3

text is at least 14-point. M.D. Fla. R. 1.08. Neither motion
complies with these requirements.
Accordingly, it is now
ORDERED:
1. Allstate
Motion

Property

for

Memorandum

and

Casualty

Partial

Summary

of

(Doc.

Law

Insurance

Judgment
#82)

and

is

Company’s
Supporting

DENIED

without

prejudice.
2. Julie Leonard’s Motion for Partial Summary Judgment and
Supporting

Memorandum

of

Law

(Doc.

#84)

is

DENIED

without prejudice.
DONE AND ORDERED at Fort Myers, Florida, this
September, 2022.

Copies:
Parties of record

4

19th

day of