Thanh M. Hoang v. Doral 888 LLC, et al.

Summary

This Report and Recommendation addresses Defendant Kenny Tang’s third motion for summary judgment in Thanh M. Hoang’s action against Doral 888 LLC, Boca 888 LLC, and Tang. The magistrate judge recommends denying the motion without prejudice because it was filed without the required prior court permission under Southern District of Florida Local Rule 56.1(e), which generally prohibits multiple summary judgment motions.

Holdings

1. Under Southern District of Florida Local Rule 56.1(e), a party may not file an additional motion for summary judgment without first requesting and obtaining leave of court, absent an applicable exception.
2. Tang's third motion did not fall within either relevant exception to the prohibition on multiple summary-judgment motions because it did not address immunity from suit and was not a motion converted under Federal Rule of Civil Procedure 12(d).

Questions Presented

1. Whether Defendant Kenny Tang may file a third motion for summary judgment without first obtaining leave of court under Southern District of Florida Local Rule 56.1(e).
2. Whether Tang's third motion falls within an exception to the local rule's prohibition against multiple summary-judgment motions.

Disposition

other