1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 20-23230-CIV-CANNON/Otazo-Reyes

ANGELA MILNER, et al.,

Plaintiffs,

vs.

TERI GALARDI,

Defendant.

______________________________________/

DEFENDANT’S RESPONSE AND INCORPORATED MEMORANDUM OF LAW IN 

OPPOSITION TO AND MOTION TO STRIKE/DENY PLAINTIFFS’ THIRD 

MOTION FOR PARTIAL SUMMARY JUDGMENT

The Defendant, TERI GALARDI, by and through undersigned counsel files this her 

Response and Incorporated Memorandum of Law In Opposition To And Motion To Strike/Deny

Plaintiffs’ Third Motion For Partial Summary Judgment and states as follows:

1. Rule 56.1(a)(1) of the Local Rules of The Southern District of Florida states “A 

motion for summary judgment and the opposition to it shall each be accompanied by 

a separate and contemporaneously filed and served Statement of Material Facts. The 

movant’s Statement of Material Facts shall list the material facts that the movant 

contends are not genuinely disputed.”

2. Subparagraph (b)(1) states “All Statements of Material Facts (whether filed by the 

movant or the opponent) shall be filed and served as separate documents and not as 

exhibits or attachments... .”

3. On September 8th, 2021 the Plaintiffs’ filed their Third Motion For Partial Summary 

Judgment (DE 112).

4. On October 11th, 2021 the Court entered a paperless Order which among other things 

directed the Plaintiffs’ to file their own Statement of Material Facts on or before 

October 15th, 2021 (DE 125). 

Case 1:20-cv-23230-AMC Document 135 Entered on FLSD Docket 10/25/2021 Page 1 of 3
2

5. To date, the Plaintiffs’ have not filed their own Statement of Material Facts in 

connection with their Third Motion For Summary Judgment. 1

6. The Court has the discretion to deny the Plaintiffs’ Third Motion For Summary 

Judgment solely on the basis of the Plaintiffs’ failure to file their Statement of 

Material Facts. Rhiner v. Wexford Health Sources, Inc., 2019 U.S. Dist. LEXIS 110608 

(S.D. Fla. June 28, 2019).

7. Additionally, and again the Plaintiffs’ failed to follow the Court’s Order (DE 125) 

where the Court directed the Plaintiffs’ to file their own Statement of Material Facts.

WHEREFORE and for all of the foregoing reasons the Defendant respectfully prays that this 

Court enter an Order striking and/or denying the Plaintiffs’ Third Motion For Partial Summary 

Judgment based upon the Plaintiffs’ failure to comply with Local Rule 56.1 and this Court’s 

paperless Order (DE 125) and taking into account that the Plaintiffs’ have a history of violating 

the rules and Court Orders. 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 25th day of October, 2021, I electronically filed

the foregoing document via CM/ECF. I also certify that the foregoing document is being

served this day on all counsel of record listed in the Service List below via transmission

of Notice of Electronic Filing generated by CM/ECF.

GERALD J. TOBIN, ESQ.

4551 Ponce de Leon Blvd.

Coral Gables, FL 33146

(305)-858-9020 – Telephone

(305)-858-6097 – Facsimile

geraldtobinpa@aol.com

/s/ GERALD TOBIN

GERALD J. TOBIN, ESQ.

F.B.N.: 81536

Counsel for the Defendant

SERVICE LIST

Astrid E. Gabbe, Esq.

The Law Office of Astrid E. Gabbe, P.A.

P.O. Box 4216

Hollywood, FL, 33083

954-303-9882

Fax: 954-983-1427

1 The Plaintiffs’ have a history of not following the rules and Court Orders. (ECF 63, ECF 113, ECF 126 and ECF 

129). 

Case 1:20-cv-23230-AMC Document 135 Entered on FLSD Docket 10/25/2021 Page 2 of 3
3

Email: astridgabbe@gmail.com

Email: astridgabbe@aol.com

Counsel for the Plaintiffs

Ainsworth Dudley, Esq. 

4200 Northside Parkway Building 1, 

Suite 200

Atlanta, GA 30327 

404-687-8205 Tel 

Email:adudleylaw@gmail.com 

Counsel for The Plaintiffs 

Case 1:20-cv-23230-AMC Document 135 Entered on FLSD Docket 10/25/2021 Page 3 of 3