GRIFFIN
v.
CALDERON
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Court denies Plaintiff's embedded motion to strike Defendant City of Orlando's motion to dismiss.
Plaintiff filed a response opposing Defendant City of Orlando's motion to dismiss, which also included an embedded motion to strike the motion to dism…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Local Rule 3.01(G) cases and more on FLexlaw
Before the Court is Plaintiff's Response in Opposition to Defendant City of Orlando's Motion to Dismiss [Doc. 166] and Incorporated Motion to Strike the Motion to Dismiss for Non-Compliance with Local Rules. Doc. No. 183. Upon review, to the extent that Plaintiff includes an embedded motion to strike the motion to dismiss, the motion (Doc. No. 183) is DENIED.
First, "[i]t is not appropriate to seek an order for affirmative relief in a response to a motion." Armington v. Dolgencorp. Inc., No. 3:07-cv-1130-J-JRK, 2009
WL 210723, at *2 (M.D. Fla. Jan. 20, 2009). Second, the embedded motion fails to comply with Local Rule 3.01(g). Doc. No. 183. Third, Plaintiff cites Federal Rule of Civil Procedure 12(f) in support of the request. Id. at 7–9. But “Rule 12(f) does not apply because the motion to dismiss is not a pleading.” Edgerton v. City of St. Augustine, Fla., No. 3:20-cv-941-BJD-PDB, 2021 WL 1789368, at *3 (M.D. Fla. May 5, 2021).
Therefore, the Court will consider the filing (Doc. No. 183) solely as a response in opposition to the motion to dismiss (Doc. No. 166), which will be addressed in due course. See also Doc. No. 180.
DONE and ORDERED in Orlando, Florida on April 1, 2025.
Leslie Hoffman Price LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties
-2-