CSX Intermodal Terminals, Inc. et al v. Nickolas Savko and Sons, Inc.

Filing 14

ORDER striking Respondent's 11 Response to Amended Application to Confirm Arbitration Award. Respondent is directed to file a proper response on or before February 14, 2018. See Order for details.Signed by Judge Marcia Morales Howard on 2/5/2018. (MMG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

CSX INTERMODAL TERMINALS, INC.,
TRANSDEVELOPMENT GROUP, LLC
Movants,
vs.

Case No. 3:18-cv-00096-J-34PDB

NIKOLAS SAVKO AND SONS, INC.,
Respondent.
_____________________________________/

ORDER
THIS CAUSE is before the Court sua sponte. On January 12, 2018, Movants,
CSX Intermodal Terminals, Inc. Transdevelopment Group, LLC (CSX), initiated the
instant action seeking the Court’s confirmation of an arbitration award and an award for
attorney’s fees and costs. See Application to Confirm Arbitration Award with Supporting
Memorandum of Law and Award of Attorney’s Fees and Costs (Doc. 1, Application), filed
January 12, 2018. After responding to the Court’s sua sponte inquiry as to its subject
matter jurisdiction over the matter, CSX filed an Amended Application to Confirm
Arbitration Award with Supporting Memorandum of Law and For Award of Attorney’s Fees
and Costs, (Doc. 10, Amended Application), on January 24, 2018. Respondent, Nickolas
Savko and Sons, Inc., (Savko), filed its Response on January 30, 2018. See Respondent
Nickolas Savko & Sons, Inc.’s Response to Amended Application to Confirm Arbitration
Award with Supporting Memorandum of Law and For award of Attorney’s Fees and Costs
(Doc. 11, Response), filed January 30, 2018.

Related to, but separate from the proceedings before this Court, Savko initiated an
action in the Western District of Kentucky to vacate the same arbitration award for which
CSX seeks confirmation in this Court. Response, at 5; id. at Ex. 3 at 1. In its Response
before this Court, Savko states that “for brevity, completeness, and convenience” it has
attached and incorporates by reference a copy of the Motion to Vacate it filed in the
Kentucky court, along with the exhibits accompanying that motion. Id. at 5-6; Ex. 3-8. All
told, the additional materials equal over 500 pages of text.
Upon review, the Response and its attached exhibits are due to be stricken. Rule
3.01(b), Local Rules, United States District Court, Middle District of Florida (Rule(s)),
provides that a “party opposing a motion or application shall file within fourteen (14) days
after service if the motion or application a response that includes a memorandum of legal
authority in opposition to the request, all of which respondent shall include in a document
not more than twenty (20) pages.” (emphasis added). 1 Savko’s Response violates and
circumvents Local Rule 3.01(b) by exceeding the page limitation and seeking to
incorporate by reference the external filings.

As such, Savko’s Response is due to be

stricken. The Court will strike these filings and direct Savko to file a proper response to
CSX’s Amended Application in accordance with the Local Rules, on or before February
14, 2018.
Accordingly, it is hereby ORDERED:

1

The page limitation does not apply to exhibits attached to a motion.

2

1. The Clerk of the Court is DIRECTED to strike Respondent Savko’s Response to
Amended Application to Confirm Arbitration Award with Supporting Memorandum
of Law and For award of Attorney’s Fees and Costs (Doc. 11).
2. Respondent Savko is directed to file a proper response to Movant, CSX’s
Amended Application to Confirm Arbitration Award with Supporting Memorandum
of Law and Award of Attorney’s Fees and Costs, on or before February 14, 2018.

DONE AND ORDERED at Jacksonville, Florida on February 5 2018.

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Copies to:
Counsel of Record
Pro Se Parties

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