City of Winter Haven v. Cleveland Indians Baseball Company Limited Partnership

Filing 10

Unopposed MOTION for leave to file Amended Motion to Dismiss with Supporting Memorandum by Cleveland Indians Baseball Company Limited Partnership. (Attachments: # 1 Main Document Amended Motion to Dismiss with Supporting Memorandum)(Connor, J.)

City of Winter Haven v. Cleveland Indians Baseball Company Limited Partnership

Doc. 10

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CITY OF WINTER HAVEN, a Florida municipal corporation, Plaintiff, vs. CLEVELAND INDIANS BASEBALL COMPANY, LP, an Ohio limited partnership, Defendant. _____________________________________/ MOTION FOR LEAVE TO FILE AND SERVE DEFENDANT'S AMENDED MOTION TO DISMISS WITH SUPPORTING MEMORANDUM [UNOPPOSED] Defendant, Cleveland Indians Baseball Company, LP, by and through its undersigned attorneys, hereby moves for leave to file and serve its attached Amended Motion to Dismiss with Supporting Memorandum and shows the Court that Defendant's original Motion to Dismiss was filed and served on February 20 in this action with a separate Memorandum in Support of Defendant's Motion to Dismiss. However, Local Rule 3.01(a) of the Local Rules of this Court require that the motion and memorandum be filed as a single document. For this reason, the motion and memorandum have been amended by placing them in one document and refiled. Certificate of Counsel Pursuant to Rule 3.01(g) of the Local Rules of this Court, undersigned counsel has conferred with counsel for the Plaintiff, Neal L. O'Toole, who has no objection to this motion being granted and the attached amended motion and memorandum being filed and served on the Plaintiff. Case No. 08:09CV-00190-T-17EAJ

Dockets.Justia.com

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 2, 2009, I electronically filed the foregoing Motion and Memorandum with the Clerk of the Court by using the CM/ECF system, which will send a notice of electronic filing to the following counsel of record: Frederick J. Murphy, Jr., Boswell & Dunlap, LLP, P. O. Drawer 30, Bartow, FL 33831 and Warren Andrew Crawford, Esq. Boswell & Dunlap, LLP, P. O. Drawer 30, Bartow, FL 33831. Respectfully Submitted, March 2, 2009 PETERSON & MYERS, P.A. By: /s/ J. Davis Connor___________________ J. Davis Connor, Esq. FBN 0713413 P. O. Box 24628 Lakeland, FL 33802-4628 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant

/s/ J. Davis Connor______________ J. Davis Connor, Esq.

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