Saleem v. The United States of America et al

Filing 51

ORDER granting 50 Motion to Strike Defendant Archer's reply, docket entry 48. Signed by Magistrate Judge Thomas B. Smith on 4/4/2017. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
GORDON LLOYD SALEEM, JR. ,
Plaintiff,
v.

Case No: 6:16-cv-1252-Orl-40TBS

THE UNITED STATES OF AMERICA,
PHIL ARCHER, SCOTT PERALA, BILL
SHELDON, CHRIS TEMPLE, JASON
WHITE, JOSEPH MOHR, KEVIN
MCCANN, TREVOR VELINOR and
JASON DENHAM,
Defendants.
ORDER
This case comes before the Court without oral argument on Plaintiff’s Motion to
Strike Defendant Archer’s Reply to Plaintiff’s Response in Support of Federal Defendants’
Motion to Dismiss and Alternative Motion for Summary Judgment (Doc. 50). Defendant
Phil Archer has not filed a response to the motion and the time within to do so has
expired. The Case Management and Scheduling Order governing the case provides that
where a party fails to file a memorandum in opposition to a motion “the Court routinely
grants the motion as unopposed.” (Doc. 40 at 7). See also Foster v. The Coca-Cola
Company, No. 6:14-cv-2102-Orl-40TBS, 2015 WL 3486008, at *1 (M.D. Fla. June 2,
2015); Jones v. Bank of America, N.A., 564 Fed. Appx. 432, 434 (11th Cir. 2014) 1 (citing
Kramer v. Gwinnett Cnty., Ga., 306 F. sup.2d 1219, 1221 (N.D. Ga. 2004); Daisy, Inc. v.
Polio Operations, Inc., No. 2:14-cv-564-FtM-38CM, 2015 WL 234251, at *1 (M.D. Fla.

“Unpublished opinions are not considered binding precedent, but may be cited as persuasive
authority.” CTA11 Rule 36-2.
1

May 14, 2015) (when defendant did not respond court could consider motion to compel
unopposed); Brown v. Platinum Wrench Auto Repair, Inc., No. 8:10-cv-2168-T-33TGW,
2012 WL 333808, at * 1 (M.D. Fla. Feb. 1, 2012) (after party failed to respond, court
treated motion for summary judgment as unopposed). Now, the Court treats Plaintiff’s
motion as unopposed, the motion is GRANTED, docket entry 48 is STRICKEN, and the
Clerk shall REMOVE it from the docket.
DONE and ORDERED in Orlando, Florida on April 4, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

-2-