Opinion
6:22-cv-483-CEM-LHP
01-16-2024
OLGA BORREGO and FERNANDO BORREGO, Plaintiffs, v. GEOVERA SPECIALTY INSURANCE COMPANY, Defendant
ORDER
LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: GEOVERA'S MOTION FOR ENTITLEMENT TO FEES AND TO TAX COSTS (Doc. No. 50)
FILED: January 4, 2024
THEREON it is ORDERED that the motion is DENIED without prejudice.
Defendant moves for entitlement to attorneys' fees and costs pursuant to Fla. Stat. § 768.79, Fed.R.Civ.P. 54(d), Fla. R. Civ. P. 1.442, and Local Rule 7.01. Doc. No. 50. According to the Local Rule 3.01(g) certification, defense counsel “attempted to confer with [Plaintiffs], who are pro se, via both telephone and email on 1/4/24, but has not been able to reach them or receive a response.” Id. at 10. Defendant has not supplemented the motion pursuant to Local Rule 3.01(g)(3), however. See Local Rule 3.01(g)(3) (providing that if the opposing party is unavailable for a conference prior to filing a motion, the movant must diligently attempt contact for three days, and upon contact or expiration of the three-day period, the movant must file a supplement to the motion, and that failure to supplement can result in the denial of a motion without prejudice). Accordingly, the above-styled motion (Doc. No. 50) is DENIED without prejudice.
DONE and ORDERED in Orlando, Florida on January 16, 2024.