Live Face on Web, LLC v. Ortega Chiropractic Corp. et al

Filing 18

ORDERED: To the extent that it requests affirmative relief from the Court, 17 Live Face on Web, LLC's Response in Opposition is denied without prejudice. See Order for details. Signed by Judge Marcia Morales Howard on 11/3/2016. (MHM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

LIVE FACE ON WEB, LLC,
Plaintiff,
Case No. 3:16-cv-1068-J-34PDB
vs.
ORTEGA CHIRPORACTIC CORP.,
et al.,
Defendants.
/
ORDER
THIS CAUSE is before the Court on Live Face on Web, LLC’s Response in
Opposition to Ortega Chiropractic Corp’s Motion to Dismiss (Doc. 17; Response), filed on
November 1, 2016. In the Response, Plaintiff, in addition to asserting that Defendant’s
motion to dismiss is due to be denied, alternatively requests leave to amend its complaint
in the event the Court finds that its allegations are inadequate. See Response at 5.
Preliminarily, the Court notes that a request for affirmative relief, such as a request for
leave to amend a pleading, is not properly made when simply included in a response to a
motion. See Fed. R. Civ. P. 7(b); see also Rosenberg v. Gould, 554 F.3d 962, 965 (11th
Cir. 2009) (“Where a request for leave to file an amended complaint simply is imbedded
within an opposition memorandum, the issue has not been raised properly.”) (quoting
Posner v. Essex Ins. Co., 178 F.3d 1209, 1222 (11th Cir. 1999)).
Moreover, even if it were proper to include this request in the Response, the request
is otherwise due to be denied for failure to comply with Local Rules 3.01(a) and 3.01(g),
United States District Court, Middle District of Florida (Local Rule(s)). Local Rule 3.01(a)

requires a memorandum of legal authority in support of a request from the Court. See
Local Rule 3.01(a). Local Rule 3.01(g) requires certification that the moving party has
conferred with opposing counsel in a good faith effort to resolve the issue raised by the
motion and advising the Court whether opposing counsel agrees to the relief requested.
See Local Rule 3.01(g). Thus, the Court will not entertain Plaintiff’s request for relief
included in the Response. Plaintiff is advised that, if it wishes to pursue such relief, it is
required to file an appropriate motion, in accordance with the Federal Rules of Civil
Procedure and the Local Rules of this Court.
Accordingly, it is
ORDERED:
To the extent that it requests affirmative relief from the Court, Live Face on Web,
LLC’s Response in Opposition to Ortega Chiropractic Corp’s Motion to Dismiss (Doc. 17)
is DENIED without prejudice.
DONE AND ORDERED in Jacksonville, Florida, this 3rd day of November, 2016.

lc11
Copies to:
Counsel of Record
Pro Se Parties

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