Barnes, et al v. Carnival Corporation, et al

Filing 265

ORDER ordering response to 253 Plaintiff's MOTION to Compel Payment of Plaintiff's Expert Witness Fee filed by Gary E. Barnes, Dianne Barnes. Signed by Magistrate Judge John J. O'Sullivan on 1/16/2009. (lc4)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 06-20784-CIV-SEITZ/O'SULLIVAN GARY and DIANNE BARNES, Plaintiffs, v. CARNIVAL CORPORATION, Defendant. _________________________/ ORDER THIS MATTER comes before the Court on the Plaintiffs' Motion to Compel Payment of Plaintiff's Experts Witness Fee (DE # 253, 12/18/08). Rule 7.1(C), Local Rules for the United States District Court for the Southern District of Florida provides, in pertinent part: Each party opposing a motion shall serve an opposing memorandum of law no later than ten days after service of the motion as computed in the Federal Rules of Civil Procedure. Failure to do so may be deemed sufficient cause for granting the motion by default. (Emphasis supplied). Having received no response from the defendant, and a response having been due, it is ORDERED AND ADJUDGED that the defendant shall file a response to the Plaintiffs' Motion to Compel Payment of Plaintiff's Experts Witness Fee (DE # 253, 12/18/08) on or before January 30, 2009. The failure to file a response may result in a recommendation or a ruling that the Plaintiffs' Motion to Compel Payment of Plaintiff's Experts Witness Fee (DE # 253, 12/18/08) be granted in its entirety. DONE AND ORDERED, in Chambers, at Miami, Florida, this 16th day of January, 2009.

JOHN J. O'SULLIVAN UNITED STATES MAGISTRATE JUDGE Copies furnished to: United States District Judge Seitz All Counsel of Record