Battle v. Ivey et al

Filing 53

MILBURN ORDER re 44 MOTION for summary judgment filed by City of Cocoa, Ben Erskine Signed by Senior Judge G. Kendall Sharp on 3/2/2016. (CH)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION PATRICIA ANDERSON BATTLE, Plaintiff, v. Case No: 6:14-cv-1186-Orl-18KRS WAYNE IVEY, BRIAN STOLL, BEN ERSKINE and CITY OF COCOA, Defendants. ORDER This case is before the Court on Defendants City of Cocoa and Ben Erskine’s Motion for Summary Judgment (Doc. No. 44), filed on March 1, 2016. Plaintiff will be allowed until April 1, 2016, to file responsive memoranda and any materials in opposition to the motion, including affidavits and other documents within the purview of Federal Rules of Civil Procedure 56. Failure to oppose any motion for summary judgment may result in the entry of a judgment for the movant without further proceedings. Milburn v. United States, 734 F.2d 762, 765 (11th Cir. 1984); See Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir. 1985)(per curiam); Fed.R.Civ.P. 56(e). Defendants may file a reply brief, not exceeding ten (10) pages, within fourteen (14) days after the response is served. A hearing will not be held on Motion for Summary Judgment. DONE AND ORDERED at Orlando, Florida, this _______ day of March, 2016. 2 s/ G. Kendall Sharp G. KENDALL SHARP SENIOR UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record 2

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