Marcus v. Titan America, LLC

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MCKINLEY MARCUS, Plaintiff, v. Case No: 8:22-cv-1135-WFJ-AAS TITAN AMERICA, LLC, and TITAN FLORIDA, LLC, Defendants. ______________________________________/ ORDER Attorneys Jorge L. Costa and Anthony M. Georges-Pierre, counsel for Plaintiff McKinley Marcus, request entry of an order allowing the law firm Remer, Georges-Pierre & Hoogerwoerd, PLLC (Remer) to withdraw as counsel and to stay the matter for thirty days. (Docs. 54, 55). Defendants Titan America LLC and Titan Florida LLC (collectively, the defendants) filed a notice stating its objection to the requested stay. (Doc. 59).

Remer moves to strike the defendants’ notice as inconsistent with counsel’s understanding of the defendants’ position as to the motions to withdraw. (Doc. 60). A motion to strike is only available when a party requests to strike from “a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” Fed. R. Civ. P. 12(f) (emphasis added); see also Waller v. Frost, No. 5:05-CV-221 (DF), 2005 WL 2217434, at *2, (M.D. Ga. Sept. 9, 2005).

Accordingly, it is ORDERED: (1) Remer’s motions to withdraw (Docs. 54, 55) are TAKEN UNDER ADVISEMENT. If the defendants object to the motions, they must file a response by May 12, 2023. (2) Remer’s motion to strike (Doc. 60) is DENIED.

ENTERED in Tampa, Florida on May 4, 2023.

Aranda. Ayre Ah Sane AMANDA ARNOLD SANSONE United States Magistrate Judge