Bernard et al v. Wachovia Mortgage Corporation et al

Filing 17

ORDER denying 16 Motion drop Wachovia Mortgage Corporation as a party. Signed by Magistrate Judge Thomas B. Smith on 8/20/2013. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
SHIRLEY G. BERNARD, Individually
andROBERT N. BERNARD, Individually,
Plaintiffs,
v.

Case No. 6:13-cv-1044-ORL-37TBS

WACHOVIA MORTGAGE CORPORATION
and WELLS FARGO BANK, N.A.,
Defendants.
_____________________________________/
ORDER
Pending before the Court is Plaintiffs’ Notice of Dropping Defendant, Wachovia
Mortgage Corporation from this Action (Doc. 16). The Court construes the Notice as a
motion which is due to be DENIED.
On August 13, 2013, the Court entered its Order sua sponte, to inform Plaintiffs
of some of the procedural rules with which they must comply (Doc. 14). Those rules
require, inter alia, that all motions be accompanied by a legal memorandum with
citation of authorities in support of the relief requested. See Local Rule 3.01(a). The
Notice states that it was filed pursuant to Florida state court rules of civil procedure
which do not apply to this federal case. The Court construes the Notice as a motion
filed pursuant to FED.R.CIV.P. 21. The motion fails because it does not explain why
Wachovia Mortgage Corporation should be dropped as a party.
The rules also require that before filing most motions, the filing party must
confer with opposing counsel in a good faith attempt to resolve the issue. The motion
must contain a certificate that the parties have conferred and whether they agree on

the relief requested in the motion. See Local Rule 3.01(g). Plaintiffs’ motion does not
comply with Local Rule 3.01(g).
Accordingly, the motion is DENIED.
IT IS SO ORDERED.
DONE AND ORDERED in Orlando, Florida, on August 20, 2013.

Copies to:
Plaintiffs pro se
All Counsel

-2-