FRANKENMUTH MUTUAL INS. CO. v. SOUTH EAST STREET, LLC et al
ENTRY STRIKING FILING - 40 Exhibit filed by LINDSEY MANCK, JOHN CHRISTIAN FRETER, VIRGIL WHITMYER, HAROLD T. HANLEY, IV, KEN NOWAKOWSKI, LAUREN MAGEE HANLEY, JOHNATHAN SWAIN, BRITTANY MAGEE. The document is stricken because it does not comply with the rules and formalities of filing in federal court. See Entry. Defendants shall re-file their "Mavris Arts Event Center Budget Guide" in compliance with all applicable federal and local rules on or before June 20, 2011. Signed by Judge Sarah Evans Barker on 6/16/2011.(LBK)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
FRANKENMUTH MUTUAL INS. CO.,
SOUTH EAST STREET, LLC, et. al,
ENTRY STRIKING FILINGS
(Docket No. 40)
On June 14, 2011, Defendants John Christian Freter, Lauren Magee Hanley, Harold T.
Hanley, IV, Brittany Magee, Lindsey, Manck, Ken Nowakowski, Johnathan Swain, and Virgil
Whitmyer, by counsel, filed a document titled “Mavris Arts Event Center Budget Guide” (at Docket
No. 40). That document is stricken because it does not comply with the rules and formalities of
filing in federal court.
It should be common knowledge among lawyers practicing in this Court that all filings must
bear a proper caption, cause number, title, some language or text explaining what the filing is, a
proper Rule 11 signature, and a certificate of service, if appropriate. Fed. R. Civ. P. 5(d)(1), Fed.
R. Civ. P. 11, Local Rule 5.10, Local Rule 5.11, CM-ECF Policy Nos. 11, 13, and 14, and Electronic
Filing Instructions – Civil Cases (available at www.insd.uscourts.gov). Unfortunately, improper
filings reflecting an inattentiveness and neglect on the part of attorneys are on the rise and the Court
is receiving with increasing frequency a whole host of exhibits, affidavits, proof of service “green
cards,” and other documents unaccompanied by any motion, notice, or pleading.
Defendants’ filing at Docket No. 40 is not properly before the Court because it is a “loose”
exhibit filed without any a “main” or “foundation” document (i.e., a motion, notice, or pleading)
signed by counsel in accordance with Fed. R. Civ. P. 11. Local Rule 5.10, CM-ECF Policy No. 13,
Fed. R. Civ. P. 11, Local Rule 5.1, Local Rule 5.11, and CM-ECF Policy No. 14.
The fact that documents are now required to be filed electronically does not excuse a party’s
(or a lawyer’s) compliance with the rules and formalities of proper filing in federal court.
Defendants shall re-file their “Mavris Arts Event Center Budget Guide” in compliance with all
applicable federal and local rules on or before June 20, 2011. Counsel for Defendants should
consult with this Court’s Courtroom Deputy, Pam Schneeman, at 317-229-3602 for further
IT IS SO ORDERED.
SARAH EVANS BARKER, JUDGE
United States District Court
Southern District of Indiana
Brian R. Drummy
BUNGER & ROBERTSON
Joseph P. Maguire
NORRIS CHOPLIN & SCHROEDER LLP
William A. Hasbrook
BLACKWELL BEMIS & HASBROOK
John F. McCauley
BINGHAM MCHALE LLP
Jennifer Marie Johnson
ICE MILLER LLP
W. Scott Montross
MONTROSS MILLER MULLER
MENDLESON & KENNEDY
Meaghan E. Klem
BINGHAM MCHALE LLP
James L. Petersen
ICE MILLER LLP
Richard S. Pitts
Jason Ruskin Reese
WAGNER REESE & CROSSEN, LLP
Stephen Hensleigh Thomas
GERLING LAW OFFICES
Dane L. Tubergen
HUNT SUEDHOFF KALAMAROS LLP
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