Order | Filed: September 03, 2026
| Entered: September 03, 2026
Goldner et al v. Blatt et al
Racketeer/Corrupt Organization | Florida Southern
Order on Motion for Leave to File
PAPERLESS ORDER denying without prejudice 59 Flow, Inc.'s Request for Leave to File a Separate Motion to Dismiss (the "Motion"). Flow, Inc. failed to fully comply with Local Rule 7.1(a)(3), which requires that "[p]rior to filing any motion in a civil case,... counsel for the movant shall confer (orally or in writing), or make reasonable effort to confer (orally or in writing), with all parties... in a good faith effort to resolve by agreement the issues to be raised in the motion." S.D. Fla. L.R. 7.1(a)(3). To confer in good faith, "a movant must have a give-and-take exchange with [other parties'] counsel." Royal Bahamian Ass'n, Inc. v. QBE Ins., 744 F. Supp. 2d 1297, 1299, n.2 (S.D. Fla. 2010). And a "reasonable effort to confer... requires that counsel converse, confer, compare views, consult, and deliberate." Williams v. Bd. of Cty. Comm'rs, 192 F.R.D. 698, 700 (D. Kan. 2000) (citations and quotation marks omitted). But sending an email, as Flow, Inc.'s counsel did here, "and then filing a motion before having an actual substantive discussion with [other parties'] counsel does not amount to a" good faith "conference or consultation." Royal Bahamian Ass'n, Inc. v. QBE Ins., 744 F. Supp. 2d 1297, 1299, n.2 (S.D. Fla. 2010). Rather, "it is a one-way missive." Id. Writing in the email that non-responses would result in the Motion being filed as "unopposed" does not substitute for actual substantive discussion. Accordingly, Flow, Inc.'s Motion "is procedurally defective because" it "failed to comply with Local Rule 7.1(a)(3)." Gomez v. 1131 Kent, LLC, No. 18-24133 2019, U.S. Dist. LEXIS 20410, at *4 (S.D. Fla. Feb. 8, 2019). Signed by Judge Darrin P. Gayles on 9/3/2026. (sci)