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UNITED STATES DISTRICT COURT

[courtDistrict], [courtDivision]

[plfName]	)	Case No (LT)
Plaintiff	)	[caseNo]
)
v.	)
)
[defName]	)
Defendant	)

PLAINTIFF’S MOTION FOR A TELEPHONIC CONFERENCE

Plaintiff, [plfName], on this [D] day of [MMM] [YYYY], respectfully moves this Honorable Court to conduct a [mtgDur]-minute telephonic conference with both parties to finalize “[motionTitle]” (hereinafter “That Motion”).

Key Points:

Points	[point001Headline]

Grounds	[ground001Headline]

Table of Contents:

Context	2nd Page
Motion	3rd Page
Certificates	6th Page
Appendices	7th Page
Affidavits	9th Page

Background:	[background]

Problem:	[problem]

Request:	This Court holds a due process hearing

Rule 1 | Fed. R. Civ. P. | Scope and Purpose (highlights added)

“[These rules] be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”

Rule 78 | Fed. R. Civ. P. | Hearing Motions

“(a) PROVIDING A REGULAR SCHEDULE FOR ORAL HEARINGS. A court may establish regular times and places for oral hearings on motions.”

Local Rule 3.01(h) | USFLMD | Oral Argument and Evidentiary Hearing

“A party must request oral argument or an evidentiary hearing in a separate document accompanying the party’s motion or response and stating the time necessary.”

§57.105(1) FS | Sanctions1/ (highlights added)

“(1) Upon the court’s initiative or motion of any party, the court shall [impose a sanction]...[if the] party’s attorney knew or should have known that a claim or defense when initially presented to the court or at any time before trial: (a) Was not supported by the material facts necessary to establish the claim or defense; ”

Precedence

8:18-cv-00550-WFJ-AEP	- USFLMD (2/11/21)

2:18-cv-00715-JES-MRM	- USFLMD (3/12/21)

2:20-cv-00500-SPC-NPM	- USFLMD (4/2/21)

3:21-cr-00022-MMH-MCR	- USFLMD (7/8/21)

USFLMD regularly holds motion hearings

Abbreviations

1DCA	-	Florida’s First District Court of Appeal
FS	-	Florida Statute
USFLMD	-	US District Court, Florida, Middle District

MOTION

Procedural Recap

On [MMMA] [DDA], [YYYYA], Plaintiff filed That Motion.

On [MMMB] [DDB], [YYYYB] – Defendant filed “Defendant's Response in Opposition to [That Motion]” (“That Response”).

Analysis

The immediate matter is fully briefed.

Argument in Support of a Motion Hearing

Rule 78 Fed. R. Civ. P. grants this Court the power to hold motion hearings.

Rule 1 Fed. R. Civ. P. states that this Court can deploy Rule 78 with the aim of securing the “just, speedy, and inexpensive determination” of every action.

[arg001]:

“[quote001]”

[cite001]

[arg002]:

“[quote002]”

[cite002]

As defined by 1DCA, “shall” means mandatory (highlights added):

“The word "shall" in section 57.105 has been found to evidence the legislative intent to impose a mandatory penalty in the form of reasonable attorney's fees to discourage baseless claims, by placing a price tag on losing parties who engage in these activities.”

Albritton v. Ferrera, 913 So.2d 5 (Fla. 1st DCA 2005)

Given this mandatory nature, a due process hearing follows suit (highlights added):

“Attorneys and clients facing possible discipline under Rule 11 have interests qualifying for protection under the Due Process Clause of the Fifth Amendment. Procedural due process requires notice and an opportunity to be heard before any governmental deprivation of a property interest.”

Donaldson v. Clark, 819 F.2d 1551 (11th Cir. 1987)

Plus, a hearing will help protect against Defendant’s potential cries of fairness:

“Providing due process will ensure that Rule 11 will not be applied arbitrarily, that erroneous application of the rule will be minimized, and that creative legal arguments and vigorous advocacy will not be stifled.”

Donaldson v. Clark, 819 F.2d 1551 (11th Cir. 1987)

[arg003].

Plaintiff reckons that if the shoe were on the other foot (and Plaintiff was the one being accused of [defendantsConduct]), this judiciary would hold this hearing without delay (see Affidavit).

Thus, Plaintiff pleads with this Court to hold this telephonic motion hearing.

Expected Duration

Plaintiff expects the hearing will take [mtgDur] minutes to complete (Local Rule 3.01(h) USFLMD).

CONFERRAL

On [confMth] [confDy], [confYr], [conferralStatement].

CONCLUSION

WHEREFORE, Plaintiff respectfully asks this Honorable Court to hold a [mtgDur]-minute hearing to finalize [motionTitle].

Dated this [D]th day of [MMM] [YYYY].

Respectfully submitted,

/s/ [plfName]

[plfName], Plaintiff

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

Get Booked Up on Justice!

CERTIFICATE OF COMPLIANCE

I certify that the size and style of type used in this document is Times New Roman 14-point Font (caption) and Courier New 12-point Font (contents); thus complying with the font requirements of Local Rule 1.05(a).

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [D] day of [MMM] [YYYY], I electronically filed the foregoing with the Clerk of Courts by using its online filing page. A notice – via CM/ECF – will be sent to the attached service list.

/s/ [plfName]

Endnotes:

How-To Guide: (interactive)

TextBookDiscrimination.com/Guides/Motions/Hearing.html

SERVICE LIST

[defAtt], Esquire ([barNum]) E: [defEml] P: [defPhn] (defendant’s trial lawyers)

APPENDIX A

PLAINTIFF’S AFFIDAVIT

UNITED STATES DISTRICT COURT

[courtDistrict], [courtDivision]

[plfName]	)	Case No (LT)
Plaintiff	)	[caseNo]
)
v.	)
)
[defName]	)
Defendant	)

PLAINTIFF’S AFFIDAVIT IN SUPPORT OF PLAINTIFF’S MOTION FOR A TELEPHONIC CONFERENCE

The affiant, [plfName], swears or affirms as follows:

Background

I am over the age of eighteen (18).

I am a plaintiff in the above-captioned case.

This affidavit is made in good faith.

Familiarity

I have read the Local Rules of Court, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and the Middle District’s Discovery Handbook.

The information in this affidavit is based on my own personal knowledge.

Facts

[pertinentFact001].

[pertinentFact002].

[pertinentFact003].

[pertinentFact004].

[pertinentFact005].

[pertinentFact005].

Verification Under Oath Pursuant to 28 USC §1746

I declare under penalty of perjury that the foregoing is true and correct. Executed on this [D]th day of [MMM] [YYYY].

UNITED STATES OF AMERICA	[D]/[M]/[YYYY]
[plfName], Plaintiff/Affiant

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