Habersham v. Dunkin Donuts / Baskin Robbins

Filing 13

ORDER denying 8 Motion to Amend/Correct; terminating 12 Motion to Dismiss. If Defendant wishes to pursue a motion to dismiss, it must file the motion as a stand-alone docket entry and in accordance with the Local Rules within fourteen (14) days from the date of this Order. Signed by Magistrate Judge Brian K. Epps on 10/24/2016. (maa)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
JOHN WAYNE HABERSHAM,

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Plaintiff,
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v.
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DUNKIN DONUTS BASKIN ROBBINS,
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Defendant.
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CV 116-029

ORDER
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Plaintiff has filed a motion to amend his complaint.

(Doc. no. 8.)

Because the

amendment only contains a doctor’s bill and is more appropriate as proof of damages during
discovery rather than an amended complaint, the Court DENIES the motion.
Furthermore, Defendant has docketed its answer as a combined answer and motion to
dismiss. (Doc. no. 12.) However, a motion to dismiss must be filed as its own entry on the
docket and must be supported by legal authority as required by the Southern District of
Georgia’s Local Rules. See Loc. R. 7.1(b) (“[E]very motion filed in civil proceedings shall cite
to supporting legal authorities.”) Accordingly, the Court DIRECTS the Clerk to TERMINATE
the procedurally improper motion to dismiss from the motions report. (Doc. no. 12.) If
Defendant wishes to pursue a motion to dismiss, it must file the motion as a stand-alone docket

entry and in accordance with the Local Rules within fourteen (14) days from the date of this
Order.
SO ORDERED this 24th day of October, 2016, at Augusta, Georgia.

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