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Bernath v. Seavey

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION
Jul 20, 2015
Case No: 2:15-cv-358-FtM-99CM (M.D. Fla. Jul. 20, 2015)

Opinion

Case No: 2:15-cv-358-FtM-99CM

07-20-2015

DANIEL A. BERNATH, Plaintiff, v. MARK CAMERON SEAVEY, Defendant.

Copies: Counsel of record Pro se Plaintiff


ORDER

Before the Court are a Motion for John D. Mason to Appear Pro Hac Vice (Doc. 6) and Designation and Consent-to-Act under Local Rule 2.02 (Doc. 7), filed on July 6, 2015; Plaintiff Daniel A. Bernath's Opposition to Motion to Admit John D. Mason Maryland Literary Agent/Lawyer Pro Hac Vice to this Court's Bar and Related Cross-Complaint (Doc. 14) and Supplement (Doc. 15), filed on July 13, 2015; and Defendant's Motion to Strike Plaintiff's Supplemented Opposition to Motion for John D. Mason to Appear Pro Hac Viceor, Alternatively, for Leave to File a Reply Thereto (Doc. 16), filed on July 16, 2015.

At the outset, the Court agrees with Defendant that Plaintiff's Response in Opposition (Doc. 14) exceeds the twenty (20) page limit set forth in Middle District of Florida Local Rule 3.01(b). Plaintiff neither sought nor received leave of Court to exceed the page limit for responses. Pages twenty one and twenty two, however, appear to relate directly to the nature of Plaintiff's opposition to Mr. Mason's admission to this Court, and the Court therefore will permit those pages to remain. By contrast, the content of pages twenty two (22) through thirty one (31) does not appear to be relevant to the admission pro hac viceof attorney John D. Mason in the instant matter. Accordingly, the Clerk will be directed to strike pages in excess of the limit, specifically pages twenty two (22) through thirty one (31) of Plaintiff's Opposition (Doc. 14) and Plaintiff's Supplement (Doc. 15) in its entirety.

For Mr. Bernath's benefit, although he is proceeding pro sein this matter, he still must comply with the Middle District of Florida Local Rules and Federal Rules of Civil Procedure. See Loren v. Sasser,309 F.3d 1296, 1304 (11th Cir. 2002) (noting that despite certain leniency afforded pro separties, they must follow procedures). A copy of the Local Rules may be obtained from the Court's website. Furthermore, upon review of the motion requesting Mr. Mason's admission pro hac vice,it appears that he meets the requirements for special admission set forth in Middle District of Florida Local Rule 2.02(a). In light of the portion of Plaintiff's Opposition that appears to claim that Mr. Mason has been subject to undisclosed disciplinary actions, the Court will take Mr. Mason's motion for admission pro hac viceunder advisement and permit him to file a brief reply.

www.flmd.uscourts.gov --------

ACCORDINGLY, it is hereby

ORDERED:

1. The Motion for John D. Mason to Appear Pro Hac Vice (Doc. 6) is TAKEN UNDER ADVISEMENT.

2. Defendant's Motion to Strike Plaintiff's Supplemented Opposition to Motion for John D. Mason to Appear Pro Hac Vice or, Alternatively, for Leave to File a Reply Thereto (Doc. 16) is GRANTED in part. On behalf of Mr. Mason, who has not yet been admitted pro hac viceand therefore may not yet electronically file documents with the Court, Defendant may file a reply, not to exceed five (5) pages in length, on or before July 24, 2015.

3. The Clerk of Court is directed to STRIKE Plaintiff's Opposition (Doc. 14) in part. The Clerk is directed to remove pages twenty two (22) through thirty one (31) and redact the document accordingly in CMECF. The Clerk is further directed to STRIKE Plaintiff's Supplement (Doc. 15) in its entirety and remove the document from CMECF.

DONE and ORDERED in Fort Myers, Florida on this 20th day of July, 2015.

/s/_________

CAROL MIRANDO

United States Magistrate Judge
Copies:
Counsel of record
Pro se Plaintiff


Summaries of

Bernath v. Seavey

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION
Jul 20, 2015
Case No: 2:15-cv-358-FtM-99CM (M.D. Fla. Jul. 20, 2015)
Case details for

Bernath v. Seavey

Case Details

Full title:DANIEL A. BERNATH, Plaintiff, v. MARK CAMERON SEAVEY, Defendant.

Court:UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

Date published: Jul 20, 2015

Citations

Case No: 2:15-cv-358-FtM-99CM (M.D. Fla. Jul. 20, 2015)

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