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Insurance | Florida Middle
Order
ENDORSED ORDER: Upon review of the 43 joint notice of compliance, the proposed dates and times are not available for a hearing. Accordingly, the parties are directed to jointly email the undersigned's chambers (chambers_flmd_horovitz@flmd.uscourts.gov), by no later than October 7, 2026, with at least two additional proposed dates and times to reschedule and continue the hearing from September 15, 2026. Signed by Magistrate Judge Samuel J. Horovitz on 10/2/2026. (MSM)
Motor Vehicle | Florida Middle
Order on Motion for Reconsideration / Clarification
ENDORSED ORDER denying without prejudice the 37 motion for reconsideration ("Motion"). The Motion includes a certification pursuant to Local Rule 3.01(g) indicating that "plaintiff's counsel conferred with counsel for Defense via email to discuss the matters set forth in this motion, and Defense opposes the motion and the relief being sought herein." Doc. 37 at 7. It does not appear under the circumstances that such conferral was adequate. Email conferral may be appropriate where a motion is unopposed or where it supplements a meaningful person-to-person conversation. But email ordinarily ought not be the sole method of conferral before a motion is presented as opposed. See, e.g., McLaughlin v. Select Rehab. LLC, No. 3:22-cv-59-HES-MCR, 2023 WL 3009868, at *3 (M.D. Fla. Mar. 15, 2023) ("Local Rule 3.01(g) requires a movant to 'confer with the opposing party in a good faith effort to resolve the motion.'... The rule has been construed to mean to 'speak to each other in person or by telephone, in a good faith attempt to resolve disputed issues.'" (citations omitted)); Devs. Sur. & Indem. Co. v. Archer W. Contractors, LLC, No. 6:16-cv-1875-Orl-40KRS, 2018 WL 3327876, at *1 n.1 (M.D. Fla. July 6, 2018) ("The term 'confer' in Rule 3.01(g) requires a substantive conversation in person or by telephone in a good faith effort to resolve the motion without court action and does not envision an email, fax or letter."). "The importance of Local Rule 3.01(g) 'cannot be overstated.'" Craig v. Target Corp., No. 2:23-cv-599-JLB-KCD, 2023 WL 11257275, at *1 (M.D. Fla. Dec. 4, 2023) (citation omitted). Local Rule 3.01(g) "is designed to foster communication between the parties and help resolve certain disputes without court intervention[,]" and it helps "ensure the finite resource of judicial time is expended on genuine disputes[.]" Id. (citation omitted); see also Hernandez v. Rodriguez, No. 5:24-cv-137-JSM-PRL, 2025 WL 756547, at *1 (M.D. Fla. Feb. 3, 2025); McLaughlin, 2023 WL 3009868, at *3. "The Court expects counsel to comply with both the letter and spirit of Local Rule 3.01(g)." See Hernandez, 2025 WL 756547, at *2. Accordingly, the 37 Motion is denied without prejudice to the filing of a renewed motion following proper conferral as outlined herein. Plaintiff shall also ensure that all future filings comply with Local Rule 1.08. Signed by Magistrate Judge Samuel J. Horovitz on 10/2/2026. (MSM)
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