Orlando Health, Inc. v. HKS Architects, Inc.

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION ORLANDO HEALTH, INC., Plaintiff, Vv. Case No. 6:24-cv-693-JA-LHP HKS ARCHITECTS, INC., Defendant/Third-Party Plaintiff, BBM STRUCTURAL ENGINEERS, INC., Third-Party Defendant. ORDER Before the Court is the defendants’ motion to strike the declaration □□□ John E. Walsh that was filed in support of Plaintiffs opposition to defendants motion for summary judgment.! (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 tc require the parties to communicate and resolve certain types of disputes without 1 For purposes of clarity, the Court refers to HKS Architects, Inc., and BBM Structural Engineers, Inc., as “Defendants” in this order. 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 Rul 3.01(g) to suspend its application and resolve the motion to strike on substantiv: 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 ths 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 statins that counsel for Defendants has conferred in good faith with counsel for Plaintif 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 tc strike. DONE and ORDERED in Orlando, Florida, on January □□ 2026. United States District Judge Copies furnished to: Counsel of Record Unrepresented Parties