Segal et al v. Amazon.com, Inc.

Filing 19

ORDER denying as moot 18 Motion to exceed page limit. Signed by Judge Marcia G. Cooke on 5/27/10. (tm)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 10-20718-Civ-COOKE-BANDSTRA ALBERT SEGAL, and MARIANNA CHAPAROVA, Plaintiffs vs. AMAZON.COM, INC., Defendant. ______________________________/ ORDER ON PLAINTIFFS' MOTION TO EXCEED PAGE LIMIT IN RESPONDING TO DEFENDANT'S MOTION TO DISMISS THIS CASE is before me on the Plaintiffs' Motion to Exceed Page Limit In Responding to Defendant Amazon.com, Inc.'s Motion to Dismiss [D.E. 18]. The Plaintiffs are asking for leave to file a response "in excess of ten (10) pages," and indicates that they will require twenty pages in order to adequately address each issue raised in the Defendant's motion to dismiss. (Pls.' Mot. to Exceed Pages 1-2 [D.E. 18]). Under the Local Rules of this District, a party's memorandum of law in response to a motion may not exceed twenty pages. S.D. Fla. L.R. 7.1(C)(2) (allowing twenty pages for all legal memoranda except for a reply, which is limited to ten pages).1 The Plaintiffs are permitted, pursuant the local rules, to file a response up to twenty pages long. Accordingly, it is ORDERED and ADJUDGED that the Plaintiffs' Motion to Exceed Page Limit In Responding to Defendant Amazon.com, Inc.'s Motion to Dismiss [D.E. 18] is DENIED as moot.

A party opposing a motion files a response, and the moving may then file a reply to the non-movant's response.

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Additionally, the Plaintiffs are directed to review the Local Rules of the Southern District, specifically Local Rule 7.1(A)(3) which requires parties to engage in a pre-filing conference in a good faith effort to resolve by agreement the issues to be raised in the motion, and to certify that this local rule has been complied with.2 The Plaintiff's Motion to Exceed Pages did not comply with this Local Rule. The Plaintiffs should take very seriously their obligations under Local Rule 7.1(A)(3) to confer in "good faith" in an attempt to resolve issues prior to seeking judicial intervention. DONE AND ORDERED in Chambers at Miami, Florida, this 27th day of May 2010.

Copies furnished to: Ted E. Bandstra, U.S. Magistrate Judge Counsel of record Albert Segal & Marianna Chaparova 10490 S.W. 12th Terr., Apt# 202 Miami, FL 33174

The Local Rules of the Southern District of Florida can be accessed via the Clerk of Court's website (http://www.flsd.uscourts.gov/).

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