Roman v. Tyco Simplex Grinnell

Filing 9

ORDER: Plaintiff Gilbert Roman's Motion to Enter Evidence and Material Facts (Doc. # 8 ) is denied. Although he is proceeding pro se, Roman must comply with all requirements of the Federal Rules of Civil Procedure and Local Rules for the Mi ddle District of Florida for the filing of motions and pleadings. If Roman wishes to add factual allegations to his amended complaint or file the documents attached to his Motion as exhibits to the amended complaint, he may do so. Signed by Judge Virginia M. Hernandez Covington on 1/5/2017. (DMD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
GILBERT ROMAN,
Plaintiff,
v.

Case No. 8:16-cv-3449-T-33AEP

TYCO SIMPLEX GRINNELL,
Defendant.
______________________________/
ORDER
This matter comes before the Court pursuant to pro se
Plaintiff

Gilbert

Roman’s

Motion

to

Enter

Evidence

and

Material Facts (Doc. # 8), filed on January 3, 2017. For the
reasons that follow, the Motion is denied.
Discussion
Although Roman is proceeding pro se, he must comply with
all procedural rules of this Court. See McFarlin v. Douglas
Cty., 587 F. App’x 593, 595 (11th Cir. 2014)(“[A] pro se
litigant is still required to conform to procedural rules. .
. .”). All documents filed with the Court must be in the form
of a pleading or of a motion. See Fed. R. Civ. P. 7(a)-(b).
Each pleading, motion, notice, or other paper should be
presented in a separate document.

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Under the Local Rules for the Middle District of Florida,
all requests for relief from the Court must be in the form of
a motion. M.D. Fla. L.R. 3.01(f). The motion must include “a
concise

statement

of

the

precise

relief

requested,

a

statement of the basis for the request, and a memorandum of
legal authority in support of the request,” in a single
document not to exceed twenty-five pages. M.D. Fla. L.R.
3.01(a).
Additionally, the party seeking to file almost any type
of motion must confer in good faith with opposing counsel to
resolve the issues raised by the motion before filing. M.D.
Fla. L.R. 3.01(g). The motion must contain a certification
that

the

party

has

complied

with

this

requirement

and

informing the Court whether or not opposing counsel has agreed
to the relief requested. Id. Roman’s Motion does not comply
with Local Rule 3.01(g), and is therefore improper.
Furthermore, Roman’s Motion is also improper because the
Court does not grant parties leave to file evidence throughout
the

course

of

litigation

or

to

supplement

the

factual

allegations of a pleading without having been granted leave
to amend the pleading. After a complaint is filed and the
defendant is served, the parties engage in discovery, during
which time each party may request information and documents,
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or to take depositions, from the other party. See Fed. R.
Civ. P. 26-37.

The

parties do not file their discovery

documents with the Court unless they are used to support a
motion, such as a motion for summary judgment, or will be
presented at trial. M.D. Fla. L.R. 3.03(b)-(d). Thus, filing
motions to enter evidence and material facts, with attached
documents a party wishes the Court to consider as evidence,
is inappropriate.
Therefore, Roman’s motion is denied. However, the Court
dismissed Roman’s Complaint on January 3, 2017, with leave to
file an amended complaint by February 3, 2017. (Doc. # 7). To
the extent Roman wishes to plead the additional facts that he
asserts in the Motion, he may include those allegations in
the amended complaint. If Roman wishes to use the documents
attached to his Motion in support of his amended complaint,
Roman may file them as exhibits to the amended complaint when
he files the amended complaint.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
Plaintiff Gilbert Roman’s Motion to Enter Evidence and
Material Facts (Doc. # 8) is DENIED. Although he is proceeding
pro se, Roman must comply with all requirements of the Federal
Rules of Civil Procedure and Local Rules for the Middle
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District of Florida for the filing of motions and pleadings.
If Roman wishes to add factual allegations to his amended
complaint or file the documents attached to his Motion as
exhibits to the amended complaint, he may do so.
DONE and ORDERED in Chambers in Tampa, Florida, this 5th
day of January, 2017.

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