Meyer, Suozzi, English & Klein, P.C. v. Higbee et al

Filing 26

MOTION to Strike by Meyer, Suozzi, English & Klein, P.C.. (Schlosser, Kevin)

Kevin Schlosser
Meyer, Suozzi, English & Klein, P.C.
990 Stewart Avenue, Suite 300
P.O. Box 9194
Garden City, New York 11530-9194
Direct Dial: 516-592-5709 Office: 516-741-6565
Fax: [phone]
[e-mail]
www.msek.com

March 12, 2019
BY ECF
The Honorable Arthur D. Spatt
United States District Judge
c/o Clerk’s Office
United States District Court for the Eastern District of New York
100 Federal Plaza, Courtroom 1020
Central Islip, New York 11722-9014
Re:

Meyer, Suozzi, English & Klein, P.C. v. Higbee et al.
18-CV-03353 (ADS) (ARL)

Dear Judge Spatt:
We represent plaintiff (pro se) in the above matter.
We note that in response to plaintiff’s letter motion to strike (DE 13 -- 07/30/18),
Your Honor issued a docket entry order on March 1, 2019 granting our motion to strike
and directing the Higbee defendants to file a reply brief 10 pages or less in length no
later than March 11, 2019.
We also note that the Higbee defendants filed a reply memorandum of law on
March 11, 2019 (DE 25). It appears that the text spacing in this new reply
memorandum violates this Court’s Local Civil Rule 11.1(b) mandating the form of all
papers submitted to the Court, including on motions. Local Civil Rule 11.1(b)(3)
requires that “all text must be double-spaced, except for headings, text in footnotes, or
block quotations, which may be single-spaced.” Both from a plain-eye observation and
by measuring the lines with a ruler against double-spaced documents, it appears that
the latest reply memorandum is narrower than “double-spaced.” Indeed, a comparison
of the double-spaced declaration of Matthew K. Higbee submitted with the reply
memorandum shows quite obviously the difference in the double-spaced text in the
Higbee declaration and the narrower spacing in the memorandum of law (see DE 25,
compared to DE 25-1).
We acknowledge that these are not substantive points on the motion, but we
respectfully submit that Rules are made for a purpose and everyone should be required
to follow the Rules, not just one side of a case. This seems especially apropos here
where Your Honor acknowledged the importance of following the Rules by striking the
GARDEN CITY
990 Stewart Avenue, Suite 300
P.O. Box 9194
Garden City, New York 11530-9194
Tel: [phone] I Fax: [phone]

NEW YORK CITY
1350 Broadway, Suite 501
P.O. Box 822
New York, New York 10018-0026
Tel: [phone] I Fax: [phone]

WASHINGTON, D.C.
1300 Connecticut Avenue, N.W.
Suite 600
Washington, DC 20036
Tel: [phone] I Fax: [phone]

The Honorable Arthur D. Spatt
March 12, 2019
Page 2

original reply memorandum and ordering compliance with the Rules in any newly-filed
document.
We respectfully request that the Higbee defendants’ reply memorandum (DE 25)
be stricken and no further leave be given.
Respectfully yours,
/s/ Kevin Schlosser

KS:jr
cc: Defendants’ Counsel (by ECF)

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