Adelman et al v. Boy Scouts of America et al

Filing 185

Plaintiff's MOTION to Strike 183 Reply to Response to Motion, to Compel Production of Michael Sclawy-Adelman's Text Messages by Howard Adelman, Judith Sclawy-Adelman. Responses due by 4/22/2011 (Peltz, Robert)

Adelman et al v. Boy Scouts of America et al

Doc. 185

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 10-CV-22236-ASG HOWARD ADELMAN AND JUDITH SCLAWY as Co-Personal Representatives of the ESTATE OF MICHAEL SCLAWY-ADELMAN, Plaintiffs, v. BOY SCOUTS OF AMERICA; THE SOUTH FLORIDA COUNCIL INC., BOY SCOUTS OF AMERICA; PLANTATION UNITED METHODIST CHURCH; HOWARD K. CROMPTON, Individually, and ANDREW L. SCHMIDT, Individually, Defendants. / PLAINTIFFS' MOTION TO STRIKE REPLY [D.E. 183] The Plaintiffs move to Strike the Reply of the Defendants Crompton and Schmidt to Plaintiffs' Response to Defendants' Motion to Compel Production of Michael Sclawy-Adelman's Text Messages [D.E. 183] for failing to comply with the procedures of the Magistrate Judge and would respectfully state: 1. On March 28, 2011, the Defendants Crompton and Schmidt filed a Motion to Compel

Production of Michael Sclawy-Adelman's Text Messages [D.E. 177], following which the Plaintiffs filed their Response [D.E. 182] on April 1, 2011. 2. Subsequently, the Defendants Crompton and Schmidt filed a 7 page Reply to the

Plaintiffs' Response to the Defendants' Motion to Compel Production [D.E. 183].

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3.

The Defendants' Reply is in violation of the Magistrate Judge's procedures in that

it significantly exceeds the permissible length, which the Magistrate has previously indicated would be strictly enforced. See Orders D.E. 123 and D.E. 128. 4. In addition, the Reply violates the discovery procedures adopted and posted by the

Magistrate, which provide for a discovery motion and a response, but not a Reply. The filing of the unauthorized Reply has prejudiced the Plaintiffs' in that it refers to matters, depositions and discovery which were not addressed in the Defendants' initial motion, thereby depriving the Plaintiffs of the opportunity to even present argument concerning the relevancy and/or significance of said matters. WHEREFORE, the Plaintiffs respectfully request an Order striking Defendants Crompton and Schmidt's Response to Defendants' Motion to Compel Production of Michael SclawyAdelman's Text Messages [D.E. 183].

Respectfully submitted,

/s/ Robert D. Peltz ROBERT D. PELTZ

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on April 5th, 2011, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record identified on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing.

/s/ Robert D. Peltz ROBERT D. PELTZ Fla. Bar No. 220418 LEESFIELD & PARTNERS, P.A. 2350 S. Dixie Highway Miami, Florida 33133 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Counsel for Plaintiffs

SERVICE LIST HOWARD ADELMAN AND JUDITH SCLAWY-ADELMAN VS. BOY SCOUTS OF AMERICA, et al CASE NO.: 10-CV-22236-ASG UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA IRA H. LEESFIELD ROBERT D. PELTZ LEESFIELD & PARTNERS, P.A. 2350 S. Dixie Highway Miami, Florida 33133 Telephone: [phone] Facsimile: 305-854-8266 E-mail: [e-mail] [e-mail] Attorneys for the Plaintiffs WILLIAM S. REESE WILLIAM SUMMERS KEVIN D. FRANZ LANE, REESE, SUMMERS, ENNIS & PERDOMO, P.A. 2600 Douglas Road Douglas Centre, Suite 304 Coral Gables, Florida 33134 Telephone: [phone] Facsimile: 305-444-5504 Email: [e-mail] [e-mail] [e-mail] Attorneys for Boys Scouts of America and The South Florida Council, Inc.; Boy Scouts of America GREG M. GAEBE GAEBE, MULLEN, ANTONELLI & DIMATTEO 420 South Dixie Highway, 3rd Floor Coral Gables, FL 33146 305-667-0223 305-284-9844 ­ Fax Email: [e-mail] Attorneys for Plantation United Methodist Church

FREDERICK E. HASTY, III WICKER, SMITH, O'HARA, MCCOY, GRAHAM & FORD, P.A. 2800 Ponce de Leon Blvd. Suite 800 Coral Gables, Florida 33134 Telephone: [phone] Facsimile: 305-441-1745 Email: [e-mail] Attorneys for Howard K. Crompton and Andrew L. Schmidt