ORLANDO HEALTH, INC.
v.
HKS ARCHITECTS, INC.
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The court held that the defendants' motion to strike was procedurally deficient for failing to comply with local conferral requirements.
Plaintiff filed an opposition to defendants' motion for summary judgment, supported by a declaration. Defendants filed a motion to strike this declara…
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Before the Court is the defendants' motion to strike the declaration of John E. Walsh that was filed in support of Plaintiff's opposition to defendants' motion for summary judgment. [fn 1] (Doc. 68). The plaintiff has filed a response in opposition. (Doc. 69).
The motion to strike does not comply with the conferral and certification requirements of Local Rule 3.01(g). The purpose of Local Rule 3.01(g) "is to require the parties to communicate and resolve certain types of disputes without
court intervention." Desai v. Tire Kingdom, Inc., 944 F. Supp. 876, 878 (M.D. Fla. 1996). Because the plaintiff avers that conferral could have "narrowed the issues or resolved the motion," it would not serve the purpose of Local Rule 3.01(g) to suspend its application and resolve the motion to strike on substantive grounds. See M.D. Fla. Local Rule 1.01(b) ("If reasonably necessary to achieve the purpose of these rules, a judge can temporarily modify or suspend the application of any rule, except Local Rule 1.05(a).").
Accordingly, Defendants' motion to strike (Doc. 68) is DENIED without prejudice. Any renewed motion must contain a Rule 3.01(g) certificate stating that counsel for Defendants has conferred in good faith with counsel for Plaintiff regarding the resolution of the motion, and "the renewed motion must state the outcome of such good faith conference." Esprit Stones Priv. Ltd. v. Rio Stone Grp. Inc., 6:19-cv-637-Orl, 2020 WL 10318553, at *1 (M.D. Fla. June 15, 2020). Defendants shall have until January 23, 2025, to file a renewed motion to strike.
DONE and ORDERED in Orlando, Florida, on January 16, 2025.
JOHN ANTOON II United States District Judge
Copies furnished to: Counsel of Record Unrepresented Parties
2
[fn 1]: For purposes of clarity, the Court refers to HKS Architects, Inc., and BBM Structural Engineers, Inc., as "Defendants" in this order.