L Squared Industries, Inc. v. Nautilus Insurance Company

United States District Court for the Middle District of Florida

L Squared Industries, Inc. v. Nautilus Insurance Company

Trial Court Opinion

United States District Court Middle District of Florida Jacksonville Division

L. SQUARED INDUSTRIES, INC.,

Plaintiff,

v. NO. 3:21-cv-1104-BJD-PDB

NAUTILUS INSURANCE COMPANY,

Defendant.

________________________________________________________________________ Order The plaintiff moves to strike defenses from the answer. Doc. 16. The plaintiff fails to state whether its counsel conferred with the defendants’ counsel, whether the parties agree on the resolution of the motion, and, if opposed, the means by which the conference occurred. The Court denies the motion without prejudice to filing a motion that complies with Local Rule 3.01(g). In deciding whether to file another motion to strike, counsel is directed to the authority in Moore v. R. Craig Hemphill & Assocs., No. 3:13-cv-900-BJD- PDB,

2014 WL 2527162

, at *1 (M.D. Fla. May 6, 2014), including 5C Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1380 (3d ed. 2004), which explains that courts generally disfavor motions to strike and consider most of them to be time wasters because of the stringent standard for striking and the drastic nature of altering a pleading.

Ordered in Jacksonville, Florida, on December 28, 2021.

PATRICIA D. BARKSDALE United States Magistrate Judge

Reference

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