Allied World Specialty Insurance Company v. Progressive Plumbing, Inc. et al

Filing 60

ORDER granting in part 52 Motion to Strike. The Clerk is DIRECTED to strike all exhibits to Plaintiff Allied World Specialty Insurance Company's Reply to Objection to Motion for Preliminary Injunction (Doc. 51-1 to 51-7) and remove them from the docket. Signed by Judge Roy B. Dalton, Jr. on 2/9/2016. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
ALLIED WORLD SPECIALITY
INSURANCE COMPANY,
Plaintiff,
v.

Case No. 6:15-cv-1397-Orl-37TBS

LAWSON INVESTMENT GROUP, INC.;
CENTRAL FLORIDA PLUMBING
SUPPLY, INC.; WILLIAM E. LAWSON,
and CHARLENE H. LAWSON,
Defendants.
ORDER
This cause is before the Court on the following:
1.

Defendants’ Motion to Strike Plaintiff Allied World Specialty Insurance
Company’s Reply to Objection to Motion for Preliminary Injunction,
Supplemental Affidavit of James A. Keating and Proposed Order (Doc. 52),
filed February 4, 2016; and

2.

Allied World Specialty Insurance Company’s Response to Motion to Strike
(Doc. 58), filed February 8, 2016.

As the third Order the Court has issued in this case within the past week alone, it
wearily provides the relevant procedural posture. Plaintiff has moved for a preliminary
injunction in this breach-of-contract action. (Doc. 32 (“P.I. Motion”).) Defendants
responded. (Doc. 45.) Plaintiff moved to file a reply (Doc. 49 (“Reply Motion”)), and the
Court permitted Plaintiff to file a reply limited to the issues it identified in its Reply Motion
(“Limited Issues”) (Doc. 50.) Plaintiff replied (Doc. 51 (“Reply”)) and attached the

following documents: (1) a supplemental affidavit of James A. Keating (“Supplemental
Affidavit”) (Doc. 51-1); (2) five exhibits to the Supplemental Affidavit (Doc. 51-2 to 5-6);
and (3) a proposed order granting the P.I. Motion (Doc. 51-7).
Defendants now move to strike the Reply, Supplemental Affidavit, and proposed
order on the ground that these filings exceed the scope of the Limited Issues. (Doc. 52
(“Motion to Strike”).) In response, Plaintiff represents that the entirety of the Reply and
the attached exhibits are necessary to address the Limited Issues. (Doc. 58.)
Upon consideration of the parties’ briefing, the Court finds that, while the contents
of the Reply brief are within the scope of the Limited Issues, the exhibits to the Reply are
not. The Court did not permit Plaintiff to file the Supplemental Affidavit nor any of the
exhibits thereto. Additionally, the Court did not permit Plaintiff to file a proposed order.
Therefore, all seven exhibits to Plaintiffs’ Reply are due to be stricken. To the extent that
Plaintiff wishes to submit additional testimony from Mr. Keating, it may do so in the form
of live testimony at Wednesday’s hearing on the P.I. Motion.
Accordingly, it is hereby ORDERED AND ADJUDGED that Defendants’ Motion to
Strike Plaintiff Allied World Specialty Insurance Company’s Reply to Objection to Motion
for Preliminary Injunction, Supplemental Affidavit of James A. Keating and Proposed
Order (Doc. 52) is GRANTED IN PART. The Clerk is DIRECTED to strike all exhibits to
Plaintiff Allied World Specialty Insurance Company’s Reply to Objection to Motion for
Preliminary Injunction (Doc. 51-1 to 51-7) and remove them from the docket.
DONE AND ORDERED in Chambers in Orlando, Florida, on February 9, 2016.

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Copies:
Counsel of Record

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