GOMEZ v. BEACHY ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION JOSE GOMEZ, ) Plaintiff, v. No. 1:20-cv-02422-JPH-DML WESLEY BEACHY, K & K TRUCKING, INC., ) Defendants. ORDER DENYING MOTION DUE TO LOCAL RULE VIOLATION Plaintiff has filed single document, dkt. [15], which includes both a motion for leave to filean amended complaint and a motion to remand the action to state court. This violates Local Rule 7-1(a), which requires motions to "be filed separately" unless they are "alternative motions" that are each "named in the title." Here, the motions are not filed in the alternative. Asa result, the Court DENIES without prejudice Plaintiff's motion, dkt. [15], for violating Local Rule 7-1(a). See, e.g., Duncanson v. Wine & Canvas IP Holdings LLC, No. 1:16-CV-00788-SEB-DML, 2017 WL 5170958, at *5 (S.D. Ind. Feb. 9, 2017) (Local Rule 7-1 "violation would authorize the Court to deny Defendants' motion based on that failure alone."). SO ORDERED. Date: 10/30/2020 Jamu Patrick Hanlon James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: Erin A. Clancy KIGHTLINGER & GRAY, LLP (Indianapolis) eclancy@k-glaw.com Ryan Daniel Etter KEN NUNN LAW OFFICE ryane@kennunn.com Ryan Oliver Farner KIGHTLINGER & GRAY, LLP (Indianapolis) rfarner@k-glaw.com