United States District Court, M.D. Florida, Jacksonville Division
STACEY DOOLIN, as the Personal Representative of the Estate of Richard E. Doolin, Plaintiff,
BORG WARNER CORPORATION, et al., Defendants.
MORALES HOWARD United States District Judge
CAUSE is before the Court sua sponte.
Currently pending before the Court are the motions for
summary judgment filed by each remaining Defendant (Docs.
120, 122, and 127), as well as several
Daubert motions to preclude or limit the testimony
of certain expert witnesses (Docs. 115, 117, 118, and
124-126). In addition, Defendants filed multiple
“notices of joinder” purporting to join in each
other's Daubert and summary judgment motions.
See Defendant Honeywell International Inc.'s
Notice of Joinder (Doc. 128); Pneumo Apex LLC's Notice of
and Joinder (Doc. 129); Defendant's Notice of and Joinder
(Doc. 130) and Defendant Honeywell International Inc.'s
Notice of Joinder (Doc. 131), all filed on November 15, 2017;
Ford Motor Company's Notice of Joinder (Doc. 134), filed
on November 17, 2017; Pneumo Abex LLC's Notice of Joinder
(Doc. 175) and Ford Motor Company's Notice of Joinder
(Doc. 176), both filed on March 20, 2018 (collectively,
Notices of Joinder). However, Defendants' Notices of
Joinder are improper and due to be stricken in that adopting
and incorporating by reference the arguments of other
Defendants violates Local Rule 3.01(a), United States
District Court, Middle District of Florida (Local Rule(s))
and places an undue burden on judicial resources.
aptly explained in Mobile Shelter Sys. USA, Inc. v. Grate
Pallet Solutions, LLC, 845 F.Supp.2d 1241 (M.D. Fla.
2012), incorporation by reference “foists upon the
Court the burden of sifting through irrelevant materials to
find the materials referenced while permitting the movant to
circumvent this Court's page limit requirement.”
See Mobile Shelter, 845 F.Supp.2d at 1253
aff'd in part, 505 F. App'x 928 (11th Cir.
2013).Significantly, the page limit requirement
is not designed to burden the parties, but to conserve
judicial resources by “focus[ing] the parties'
attention on the most pressing matters and winnow[ing] the
issues to be placed before the Court . . . .”
Id. at 1253. By both filing their own motions and
incorporating everyone else's arguments as well,
Defendants have done no “winnowing” and instead
have engaged in a
practice [which] leads to imprecise and inartful
briefing.” See Gov't Employees Ins. Co. v. Path
Medical, No. 8:17-cv-2848-T-17TGW, ECF No. 79 at 2 (M.D.
Fla. entered Mar. 2, 2018) (order denying motions to dismiss
example, Defendant Honeywell International Inc. (Honeywell)
has not only filed its own twenty-page motion for summary
judgment (Doc. 120), but also seeks to incorporate by
reference the summary judgment motions of every other
Defendant. As such, were the Court to “adopt and
incorporate by reference” these other motions,
Honeywell's summary judgment briefing would total
seventy-seven pages, well in excess of the 25-page limit set
by Local Rule 3.01(a). More importantly, much of the material
incorporated would be redundant or irrelevant, but it would
fall to the Court to sift through this voluminous briefing to
determine which arguments are potentially relevant to
Honeywell, and extrapolate how such arguments might apply in
a different context to a different Defendant. This is not a
proper or efficient use of judicial resources.
the Court will strike the Notices of Joinder and provide
Defendants with the opportunity to file amended motions which
set forth the entirety of their arguments.As the Court
recognizes that the parties may need additional space in
which to do so, the Court will extend the page limit to
thirty pages. Also, to accommodate the period for additional
potential briefing, the Court will continue the final
pretrial conference and trial in this matter. Accordingly, it
Defendant Honeywell International Inc.'s Notice of
Joinder (Doc. 128), Pneumo Apex LLC's Notice of and
Joinder (Doc. 129), Defendant's Notice of and Joinder
(Doc. 130), Defendant Honeywell International Inc.'s
Notice of Joinder (Doc. 131), Ford Motor Company's Notice
of Joinder (Doc. 134), Pneumo Abex LLC's Notice of
Joinder (Doc. 175), and Ford Motor Company's Notice of
Joinder (Doc. 176) are STRICKEN.
Defendants shall have up to and including April 6,
2018, to file amended dispositive and
Daubert motions, if they so choose, which set forth
the entirety of their arguments. Such motions shall not
exceed thirty (30) pages in length.
Plaintiff shall have up to and including April 25,
2018, to respond to any amended motions. To the
extent Defendants were previously granted leave to reply,
such replies are due no later than May 10,
following deadlines shall apply
All Other Motions Including Motions In Limine
OCTOBER 1, 2018
Responses to All Other Motions Including Motions In
OCTOBER 15, 2018
Joint Final Pretrial Statement
OCTOBER 15, 2018
Final Pretrial Conference
OCTOBER 22, 2018 10:00 A.M.
Trial Term Begins
NOVEMBER 5, 2018 9:30 A.M.
Estimated Length of Trial
Jury/ Non Jury
AND ORDERED in Jacksonville, Florida this 22nd day
of March, 2018.
Daubert v. Merrell Dow
Pharmaceuticals, Inc., 509 U.S. 579 ...