1

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

Case No. 1:22-cv-24066-KMM

GRACE, INC., et al.,

Plaintiffs,

v.

CITY OF MIAMI,

Defendant.

/

PLAINTIFFS’ MOTION TO STRIKE THE CITY’S REPLY IN SUPPORT OF ITS 

MOTION TO DISMISS PLAINTIFFS’ SUPPLEMENTAL COMPLAINT

Yesterday, the City filed a reply in support of its motion to dismiss Plaintiffs’ Supplemental

Complaint (ECF 123). For the reasons stated below, Plaintiffs move to strike this reply brief 

because it violates the Court’s format and length requirements.

MEMORANDUM

Local Rule 7.1(c)(2) mandates that, “[a]bsent prior permission of the Court, . . . a reply 

memorandum shall not exceed ten (10) pages.” Further, this Court’s Paperless Pretrial Order 

entered on December 16, 2022 provides:

`e parties are hereby on notice that this Court requires all filings to 

be formatted in 12 point Times New Roman font and double spaced, 

including any footnotes, with one inch margins on all sides. Failure 

to follow these formatting guidelines may result in the filing being 

stricken, any opposing filing being granted by default, and the 

imposition of other sanctions, including attorney’s fees and costs.

ECF 7.

`e body of the City’s reply brief is clearly formatted in significantly less than doubleCase 1:22-cv-24066-KMM Document 124 Entered on FLSD Docket 10/13/2023 Page 1 of 3
2

spaced type. Further, the footnotes of the brief are single-spaced. As filed, the brief is nearly ten 

pages long. If it were properly formatted, it would substantially exceed the ten-page limit. 

`erefore, the brief is in violation of the Court’s format and length requirements and should be 

stricken for these reasons.

`is is not the first time the City has flouted the Court’s rules. `e City’s second motion to 

dismiss also violated the formatting requirements for footnotes. See ECF 80 at 8 n.4. And as 

Plaintiffs previously pointed out, the City improperly used a motion to strike Dr. Abott’s report on 

interim remedy (ECF 87) to evade the Court’s page limits on the City’s interim remedial brief. See 

ECF 92 at 3. Other filings of the City have featured block quotes that violate the clear commands 

of this Court’s Paperless Pretrial Order of December 16, 2022. See, e.g., ECF 34 at 13–14, 16; ECF 

36 at 9, 15–16, 18–19; ECF 55 at 4, 12; ECF 86 at 8–11. In light of this pattern, Plaintiffs submit 

that the reply brief should be stricken. Moreover, because the City opposed this relief rather than 

correcting its violation voluntarily, the Court should award Plaintiffs’ their attorneys’ fees for 

bringing this motion, in the amount of $2,500. Additional sanctions for the repeated violation of 

the Court’s rules, if any, are well within the Court’s sound discretion.

LOCAL RULE 7.1(a)(3) CERTIFICATE OF CONFERRAL

Plaintiffs’ counsel conferred with counsel for the City, which opposes the relief requested 

by this motion.

Respectfully submitted this 13th day of October, 2023,

/s/ Nicholas L.V. Warren

Nicholas L.V. Warren (FBN 1019018)

ACLU Foundation of Florida

336 East College Avenue, Suite 203

Tallahassee, FL 32301

(786) 363-1769

nwarren@aclufl.org

Neil A. Steiner*

Julia Markham-Cameron*

Dechert LLP

`ree Bryant Park

1095 Avenue of the Americas

New York, NY 10036

Case 1:22-cv-24066-KMM Document 124 Entered on FLSD Docket 10/13/2023 Page 2 of 3
3

Daniel B. Tilley (FBN 102882)

Caroline A. McNamara (FBN 1038312)

Janine M. Lopez (FBN 1038560)

ACLU Foundation of Florida

4343 West Flagler Street, Suite 400

Miami, FL 33134

(786) 363-2714

dtilley@aclufl.org

cmcnamara@aclufl.org

jlopez@aclufl.org

Gregory P. Luib*

Dechert LLP

1900 K Street NW

Washington, DC 20006

(202) 261-3413

gregory.luib@dechert.com

(212) 698-3822

neil.steiner@dechert.com

julia.markham-cameron@dechert.com

Christopher J. Merken*

Dechert LLP

Cira Centre

2929 Arch Street

Philadelphia, PA 19104

(215) 994-2380

christopher.merken@dechert.com

* Admitted pro hac vice

Counsel for Plaintiffs

Case 1:22-cv-24066-KMM Document 124 Entered on FLSD Docket 10/13/2023 Page 3 of 3