Smith v. Daffin
Filing
54
ORDER striking 52 Plaintiff's Notice of Deposition Cancellation and denying without prejudice 53 Plaintiff's Request for Judge to Set Stipulation and Protocol for Deposition. See Order for details. Signed by Magistrate Judge Samuel J. Horovitz on 1/27/2025. (KTQ)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
BRANDON RICARDO SMITH,
Plaintiff,
v.
CASE NO. 3:24-cv-691-SJH
MICHAEL BRANDON DAFFIN,
Defendant.
________________________________/
ORDER
Plaintiff’s Notice of Deposition Cancellation, Doc. 52, is stricken. Discovery
materials “must not be filed until they are used in the proceeding or the court orders
filing[.]” Fed. R. Civ. P. 5(d)(1); see also Middle District Discovery (2021) at 3. The
Court has not ordered the parties to file any discovery materials. Plaintiff is directed
to ensure that such discovery materials are not routinely filed in the future. To the
extent any relief is sought from the Court, a request for relief must be made by motion,
see Fed. R. Civ. P. 7(b)(1), and a motion filed with the Court must comply with Local
Rule 3.01.
Plaintiff’s Request for Judge to Set Stipulation and Protocol for Deposition
(“Motion”), Doc. 53, is denied without prejudice. There is no operative pleading.
Doc. 51. In addition, the Motion fails to comply with Local Rule 3.01 (including Local
Rule 3.01(a) and Local Rule 3.01(g)).
Plaintiff shall ensure that all filings comply with the Federal Rules of Civil
Procedure and this Court’s Local Rules, including the form and typography
requirements of Local Rule 1.08.
DONE AND ORDERED in Jacksonville, Florida, on January 27, 2025.
Copies to:
Pro Se Plaintiff
Counsel of Record
2
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