Susan Jean Phillips v. Jefferey Cario, Esq. and James R. Jones, Jr., Esq.

Summary

The United States District Court for the Middle District of Florida denied Defendant Jefferey Cario’s motion to dismiss for improper service without prejudice because the motion did not include the certification required by Local Rule 3.01(g) and did not show a good-faith conferral with the pro se plaintiff. The court permitted Cario to renew the motion by March 10, 2026, provided the renewed filing complies with the Local Rules.

Holdings

1. Middle District of Florida Local Rule 3.01(g) applies to motions in civil cases, including motions to dismiss for improper service of process, unless an applicable exception applies.
2. Local Rule 3.01(g) applies to both counseled and pro se parties and requires a movant to confer or attempt to confer with a pro se opposing party.
3. Failure to comply with Local Rule 3.01(g) is sufficient grounds to deny the requested relief without prejudice, subject to a compliant renewed motion.

Questions Presented

1. Whether a motion to dismiss for improper service of process must comply with Middle District of Florida Local Rule 3.01(g).
2. Whether failure to include the required Local Rule 3.01(g) certification and to confer or attempt to confer with a pro se opposing party warranted denial of the motion without prejudice.

Disposition

other