Provident Bank v. Fox Family, LLC et al

Filing 27

ORDER denying without prejudice 25 Motion to Compel better answers to discovery from Robert L. Fox; denying without prejudice 26 Motion to Compel better answers to discovery from Fox Family, LLC. Signed by Magistrate Judge Thomas B. Smith on 1/17/2014. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
THE PROVIDENT BANK,
Plaintiff,
v.

Case No. 6:13-cv-908-Orl-22TBS

FOX FAMILY, LLC, a limited liability
company, and ROBERT L. FOX, an
individual,
Defendants.
_____________________________________/
ORDER
Pending before the Court are Plaintiff’s Motion to Compel Better Responses to
Discovery from Defendant Robert L. Fox (Doc. 25) and Motion to Compel Better
Responses to Discovery from Defendant Fox Family, LLC (Doc. 26). For the following
reason, both motions are DENIED without prejudice.
Counsel for Plaintiff’s alleged compliance with Local Rule 3.01(g) consists of a
letter from a paralegal warning that if Defendants did not respond on or before
January 6, 2014, then the motions would be filed. (Docs. 25-6, 26-4).
Local Rule 3.01(g) provides that before filing most motions in a civil case, the
moving party shall confer with the opposing party in a good faith effort to resolve the
issues raised by the motion, and shall file with the motion a statement certifying that
the moving party has conferred with the opposing party, and that the parties have
been unable to agree on the resolution of the motion. The term “confer” in Rule
3.01(g) requires a substantive conversation in person or by telephone in a good faith

effort to resolve the motion without court action. The Rule does not envision an email,
fax or letter.
The term "counsel" in Rule 3.01(g) includes pro se parties acting as their own
counsel, thus requiring movants to confer with pro se parties and requiring pro se
movants to file Rule 3.01(g) certificates. Counsel must respond promptly to inquiries
and communications from opposing counsel. Board of Governors of the Florida Bar,
Ideals and Goals of Professionalism, ¶ 6.10 and Creed of Professionalism ¶ 8
(adopted May 16, 1990), available at www.floridabar.org (Professional Practice Henry Latimer Center for Professionalism).
A party who, due to time constraints, must file a motion before complying with
Rule 3.01(g), is under a duty to contact opposing counsel expeditiously after filing the
motion and supplement the motion promptly with a completed Rule 3.01(g) certificate.
If a party refuses to comply with Rule 3.01(g), that conduct should be brought
to the Court’s attention.
DONE AND ORDERED in Orlando, Florida, on January 17, 2014.

Copies to:
All Counsel
All pro se Parties

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