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)

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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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