Alvarez v. Walt Disney Motion Pictures et al
Filing
77
ORDER denying 68 Motion to Strike. Signed by Magistrate Judge Thomas B. Smith on 4/22/2014. (Smith, Thomas)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JOSE R. ALVAREZ,
Plaintiff,
v.
Case No. 6:13-cv-1940-Orl-37TBS
WALT DISNEY MOTION PICTURES, JERRY
BRUCKHEIMER FILMS, SONY COMPUTER
ENTERTAINMENT AMERICA, LLC, TOYS R
US INC., TWENTIETH CENTURY FOX,
UNIVERSAL PICTURES, PARAMOUNT
PICTURES CORP., NINTENDO OF
AMERICA, INC., MARS INCORPORATED,
Defendants.
_____________________________________/
ORDER
This case comes before the Court without oral argument on Plaintiff Jose R.
Alvarez’ Motion to Strike (Doc. 68). The motion argues that motions to dismiss filed
by Defendants Twentieth Century Fox Film Corp., and Nintendo of America, Inc.,
should be stricken pursuant to F ED. R. CIV. P. 12(f), FLA. R. CIV. P. 1.110(b),1 and FED.
R. CIV. P. 8(b) because “[t]his is an action for factual claims asserted by the plaintiff
under 17 U.S. Code § 101 and § 102.” (Id.).
The conduct of Plaintiff and all counsel is governed by the Local Rules for the
Middle District of Florida. Middle District of Florida Rule 3.01(a) requires that a motion
“include a concise statement of the precise relief requested, a statement of the basis
for the request, and a memorandum of legal authority in support of the request ...”
The averments in Plaintiff’s motion are not sufficient to satisfy the Rule.
1
Florida state court rules of civil procedure do not apply in this case.
Middle District of Florida Rule 3.01(g) requires that before filing most motions in
a civil case, including motions to strike, “the moving party shall confer with counsel for
the opposing party in a good faith effort to resolve the issues raised in the motion, and
shall file with the motion a statement (1) certifying that the moving counsel has
conferred with opposing counsel and (2) stating whether counsel agree on the
resolution of the motion.” Plaintiff has not complied with Rule 3.01(g).
Accordingly, Plaintiff’s motion is DENIED.
DONE AND ORDERED in Orlando, Florida, on April 22, 2014.
Copies to:
Plaintiff, pro se
All Counsel
-2-
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