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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

JAMES MCPHERSON and

VICKI MCPHERSON,

Plaintiffs,

v. CASE NO.: 5:20-cv-00318-TKW-MJF

LEXINGTON INSURANCE

COMPANY,

Defendant.

___________________________________/

PLAINTIFFS’ MOTION TO STRIKE AS UNTIMELY DEFENDANT’S 

REPLY TO PLAINTIFFS’ RESPONSE TO LEXINGTON INSURANCE 

COMPANY’S MOTION FOR FINAL SUMMARY JUDGMENT

COMES NOW The Plaintiffs, JAMES MCPHERSON and VICKI 

MCPHERSON, by and through their undersigned counsel, and pursuant to this 

Court’s May 19, 2022, Docket Text, and Local Rules 56.1, hereby Motion this Court 

to Strike as Untimely Defendant’s Reply to Plaintiff’s Response to Defendant’s 

Motion for Final Summary Judgment, and in support thereof state as follows:

BACKGROUND AND SUMMARY OF ARGUMENT

1. This lawsuit arises from Plaintiffs’ insurance claim with Defendant for 

damages to the Insured Property, located at 1815 Weakfish Way, Panama City 

Beach, FL 32408, resulting from Hurricane Michael. 

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2. Respectfully, this Court should strike Defendant’s Reply to Plaintiff’s 

Response to Defendant’s Motion for Final Summary Judgment because said Reply 

was untimely.

3. On April 28, 2022, Defendant filed its Motion for Final Summary 

Judgment. [Doc.64].

4. Also on April 28, 2022, this Court added a Docket Text that gave 

Plaintiffs a deadline of May 19, 2022, to file their Response to Defendant’s Motion 

for Final Summary Judgment.

5. On May 19, 2022, Plaintiffs, timely, filed their Response to 

Defendant’s Motion for Final Summary Judgment. [Doc.72].

6. Also on May 19, 2022, this Court added a Docket Text that gave 

Defendant a deadline of May 26, 2022, to file its Reply to Plaintiffs’ Response to 

Defendant’s Motion for Final Summary Judgment.

7. On May 27, 2022, Defendant, untimely, filed its Reply to Plaintiffs’ 

Response to Defendant’s Motion for Final Summary Judgment. [Doc.74].

WHEREFORE, Plaintiffs, JAMES MCPHERSON & VICKI 

MCPHERSON, respectfully request that this Court Strike as Untimely Defendant’s 

Reply to Plaintiff’s Response to Defendant’s Motion for Final Summary Judgment 

and grant any further relief that this Court deems necessary and proper. 

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MEMORANDUM OF LAW

A. This Court’s May 19, 2022, Docket Text.

8. Pursuant to this Court’s May 19, 2022, Docket Text, Defendant had to 

file its Reply to Plaintiffs’ Response to Defendant’s Motion for Final Summary 

Judgment by May 26, 2022.

B. Local Rule 56.1(D). 

9. Pursuant to Local Rule 56.1(D), the deadline to file a reply 

memorandum is seven (7) days after a response to the Motion for Summary 

Judgment is filed. 

I. ARGUMENT

Given that this Court’s May 19, 2022, Docket Text, gave Defendant until May 

26, 2022, to file its Reply to Plaintiffs’ Response to Defendant’s Motion for Final 

Summary Judgment, Defendant’s May 27, 2022, Reply was untimely. 

Given that Plaintiffs filed their Response to Defendant’s Motion for Final 

Summary Judgment on May 19, 2022, Pursuant to Local Rule 56.1(D), Defendant 

had to file its reply memorandum within seven (7) days or May 26, 2022. Since 

Defendant filed its Reply on May 27, 2022, it was untimely and should be stricken. 

WHEREFORE, Plaintiffs, JAMES MCPHERSON & VICKI 

MCPHERSON, respectfully request that this Court Strike as Untimely Defendant’s 

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Reply to Plaintiff’s Response to Defendant’s Motion for Final Summary Judgment 

and grant any further relief that this Court deems necessary and proper. 

 CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1(F)

Pursuant to Local Rule 7.1(F), the undersigned certify that this motion

contains 644 words. 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this 1st day of June 2022, I electronically filed 

the foregoing document with the Clerk of Court using the CM/ECF system which 

sent notification of such filing to the parties who are registered participants with the 

system: Thomas J Moody, Esq., Clausen Miller P.C, 4830 West Kennedy Blvd, Suite 

600, Tampa, Florida 33609. (tmoody@clausen.com; hrice@clausen.com; 

amccarthy@clausen.com)

RUDD & DIAMOND, P.A.

Attorneys for Plaintiffs 

4000 Hollywood Blvd. 

Presidential Circle, Suite 120-N 

Hollywood, FL 33021 

Tel. (954) 961-5059 

Fax. (954) 961-8953

service@rudddiamond.com

By: __/s/_ Michael P. Rudd

Michael P. Rudd

99.14108/MPR/KG FL Bar No.: 782416

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