Washington et al v. AT&T Inc. et al

Filing 17

ORDER denying without prejudice 12 Motion for Miscellaneous Relief. Signed by Magistrate Judge Leslie Hoffman Price on 1/3/2025. (MKH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

ANTHONY WAYNE SWAIN
WASHINGTON, JR and AW
WASHINGTON CONSULTING LLC,
Plaintiffs,
v.

Case No: 6:24-cv-2103-PGB-LHP

AT&T INC., AT&T ORLANDO,
AT&T CORPORATE OFFICE and
AT&T STORE,
Defendants

ORDER
This cause came on for consideration without oral argument on the following
motion filed herein:
MOTION: MOTION FOR MISCELLANEOUS RELIEF (Doc. No.
12)
FILED:

December 16, 2024

THEREON it is ORDERED that the motion is DENIED without
prejudice.

By the above-styled, untitled motion, it is not entirely clear what relief
Plaintiff 1 seeks, but Plaintiff references a “writ of replevin, motion to proceed and
a motion to discover to the Middle District Court of Florida for claims against AT&T
Inc.” Doc. No. 12, at 1. Upon review, the motion (Doc. No. 12) fails to contain a
memorandum of law as required by Local Rule 3.01(a) – while Plaintiff lists several
rules and statutes, he does not explain how any of them authorize any requested
relief. Moreover, insofar as Plaintiff is seeking discovery from Defendant AT&T
Inc., no Defendant has yet been served or appeared in this case, and as such no case
management conference has yet occurred and discovery has not yet opened;
therefore, any attempts to obtain discovery are premature. See Fed. R. Civ. P. 26(d).
Accordingly, the motion (Doc. No. 12) is DENIED without prejudice.
Plaintiff is advised that although he proceeds pro se in this case, pro se litigants
are “subject to the relevant law and rules of court, including the Federal Rules of
Civil Procedure.” See Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989), cert.
denied, 493 U.S. 863 (1989). Failures to comply with applicable Local Rules and
Federal Rules of Civil Procedure may result in the imposition of sanctions.

1 Given that AW Washington Consulting LLC cannot proceed in this case without

counsel, see Doc. Nos. 3, 15, the Court construes the motion as brought by pro se Plaintiff
Anthony Wayne Swain Washington, Jr. alone.
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DONE and ORDERED in Orlando, Florida on January 3, 2025.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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