Mohlman v. Deutsche Bank National Trust Company

Filing 14

ORDER Striking Plaintiff's Response to Defendant's Motion to Dimiss 13 . Signed by Magistrate Judge Elizabeth A. Stafford. (MarW)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTICT OF MICHIGAN
SOUTHERN DIVISION
BRENT MOHLMAN,
Plaintiff,
v.

Civil Action No. 15-11085
Honorable Gerald E. Rosen
Magistrate Judge Elizabeth A. Stafford

DEUTSCHE BANK NATIONAL
TRUST COMPANY, Trustee for
LONG BEACH MORTGAGE
LOAN TRUST 2006-1,
Defendant.
__________________________________/
ORDER STRIKING PLAINTIFF’S RESPONSE
TO DEFENDANT’S MOTION TO DISMISS [R. 13]
On March 31, 2015, Defendant filed a motion to dismiss [R. 3], to
which Plaintiff Brent Mohlman responded [R. 10]. The Honorable Gerald E.
Rosen referred the motion to dismiss to this Court for report and
recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). [R. 11].
On May 29, 2015, the Court entered an order striking Mohlman’s
response for failing to comply with the Local Rules of this District:
Mohlman’s response to Defendant’s motion to dismiss fails to
comply with the … requirements [of E.D. Mich. LR 5.1(a)(2) and
(a)(3)]. The font size is noticeably too small; there are no page
numbers; and it appears that it is less than double-spaced.
The Comment to E.D. Mich. LR 5.1 warns that “[a]ttempts to
circumvent the LR in any way may be considered an abusive

practice which may result in papers being stricken as well as
sanctions being imposed under LR 11.1.” Although Mohlman
was not necessarily attempting to circumvent the local rules,
the multiple deficiencies in his response show that, at a
minimum, he neglected to review the rules before filing his
pleading.
[R. 12, PgID 384]. Mohlman filed a second response on June 2, 2015. [R.
13]. This response contains page numbers and is appropriately spaced,
but the text is still smaller than the requisite size 14 font. Furthermore, the
brief is 30 pages long, in violation of E.D. Mich. LR 7.1(d)(3)(A).
The Court STRIKES Mohlman’s response to Defendant’s motion to
dismiss [R. 13] and orders that he refile a response that complies with the
Local Rules by June 5, 2015. Counsel is warned that any continued
failure to comply with the Court’s local rules will result in an order to show
cause why sanctions should not be imposed pursuant to LR 11.1 and Fed.
R. Civ. P. 11(c).

s/Elizabeth A. Stafford
ELIZABETH A. STAFFORD
United States Magistrate Judge
Dated: June 3, 2015

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CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s ECF
System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on June 3, 2015.
s/Marlena Williams
MARLENA WILLIAMS
Case Manager

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