McGinnis v. Allstate Insurance Company et al

Filing 40

ORDER that Plaintiffs Memorandum in Opposition to Defendants Motion to Dismiss Amended Complaint (Doc. No. 38) is stricken summarily from the record. The Court directs Plaintiff to re-file a brief that complies with the Court's Case Management Order by 6/3/2015. Defendant may file a reply by 6/8/2015. Signed by Chief Judge Frank D. Whitney on 6/1/2015. (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:14-cv-00581-FDW-DCK

LAQUITA NICHOLE MCGINNIS,
Plaintiff,
vs.
ALLSTATE INSURANCE COMPANY,
Defendant.

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ORDER

THIS MATTER is before the Court on Defendant’s Motion to Dismiss Amended
Complaint For Lack of Subject Matter Jurisdiction and Failure to State a Claim (Doc. No. 35) and
memoranda filed by both parties in this case concerning this Motion (Doc. Nos. 36, 38, 39).
To comply with this Court’s rules governing word count limits in civil cases before the
Honorable Judge Whitney, Misc. No. 3:07-MC-47 (Doc. No. 2) (hereinafter, “the Initial
Scheduling Order”), Plaintiff’s Memorandum in Opposition to Defendant’s Motion to Dismiss
Amended Complaint (Doc. No. 38) is stricken summarily from the record. The Court directs
Plaintiff to re-file a brief that complies with the Court’s 6,000 word count limit, as set forth in the
Court’s Case Management Order (Doc. No. 18).

The Court also notes that Plaintiff’s

Memorandum failed to include a certificate by Plaintiff’s attorney stating that the submission
complies with this Court’s word count limitation rules, as required by Paragraph (3)(b)(iv) of the
Initial Scheduling Order. Plaintiff must file a brief that complies with this Court’s word limitations
and rules with the Court no later than Wednesday, June 3, 2015. Additionally, Defendant may file
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a reply to Plaintiff’s newly submitted brief no later than Monday, June 8, 2015. Plaintiff is
instructed to closely review the Court’s rules in order to ensure future compliance with these rules.
IT IS SO ORDERED.
Signed: June 1, 2015

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