Silvers v. Google, Inc.

Filing 70

ORDER GRANTING SILVERS' MOTION TO REQUIRE STELOR TO COMPLY WITH RULE 5:ORDER granting [65-1] motion to requrire Stelor to comply with rule 5 ( Signed by Judge Kenneth L. Ryskamp on 2/8/06) [EOD Date: 2/9/06] (Former Deputy Clerk)

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Case 9:05-cv-80387-KLR Document 70 Entered on FLSD Docket 02/09/2006 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEAC H Case No . 05-80387-CIV-RYSKAMP/VITUNAC STEVEN A . SILVERS, an individual , Plaintiff, V. FILED by D . C . GOOGLE INC ., a Delaware corporation , Defendant . FEB - 8 2006 . CLARENCE MADDOX CL E K .S . DIST . CT . S. RUFLA. . W.P .B .D OF GOOGLE INC ., a Delaware corporation , Counterclaimant , V. I STEVEN A . SILVERS, an individual ; STELOR PRODUCTIONS, INC., a Delaware corporation ; and STELOR PRODUCTIONS, LLC, a Delaware limite d liability company , Counterdefendants . ORDER GRANTING SILVERS' MOTION TO REQUIRE STELOR TO COMPLY WITH RULE 5 THIS CAUSE comes before the Court upon Silver's [sic] Motion to Require Stelor to Comply with Rule 5 [ DE 651, filed on January 20, 2006 . Counter-Defendant/Cross-Plaintiff, Stelor Productions, L .L .C ., f/k/a Stelor Productions, Inc . ("Stelor"), filed an Opposition to Silvers' Motion to Require Stelor to Comply with Rule 5 [DE 66] on January 30, 2006, and Silvers filed a Reply [DE 67] on February 6, 2006 . In his motion, Silvers represents that Stelor "has repeatedly filed motions and memoranda, ;;7 v Case 9:05-cv-80387-KLR Document 70 Entered on FLSD Docket 02/09/2006 Page 2 of 2 including pleadings to which Silvers must respond, and failed to serve same on Silvers' counsel at all," or that in other instances, Stelor "has not served pleadings on Silvers in the manner reflected in its certificate of service ." Silvers requests that this Court order Stelor to comply with Fed . R . Civ . P . 5 regarding service of motions, memoranda, briefs or pleadings, and to specifically require Stelor to serve by electronic means, any pleading filed by Stelor using electronic means . Stelor objects to the motion, and states that it has at all times complied with Fed . R . Civ . P . 5 regarding service of papers . Stelor further states that it has no objection to the Court entering an order requiring all parties to serve papers electronically, but objects to an order that singles Stelor out for an alleged failure to follow the rules of civil procedure . In his Reply, Stelor states that he has no objection to being included in the order. Based on the foregoing, and in light of the apparent agreement between the parties, it is hereby , ORDERED and ADJUDGED that : (1) Silvers' Motion to Require Stelor to Comply with Rule 5 [DE 65 1 is GRANTED ; (2) All parties shall comply with the requirements of Fed . R . Civ . P . 5, with regard t o service and filing of pleadings and other papers ; an d (3) Any pleading filed by any party using electronic means shall be se rved upon al l parties by electronic means , and all pa rt ies shall take reasonable steps to verify such se rv ice is effected . DONE AND ORDERED in Chambers at West Palm Beach , Florida, this February, 2006 . ? day of UNITED STATES DISTRICT JUDG E Copies provided to : All counsel of record 2

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