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UNITED STATES DISTRICT COURT

[courtDistrict], [courtDivision]

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

PLAINTIFF’S OBJECTIONS TO THIS HONORABLE COURT’S PARTIAL DISMISSAL ORDER

Plaintiff, [plfName], on this [d] day of [MMM] [YYYY], respectfully objects to fundamental parts of this Honorable Court’s recent order titled “[orderTitle]” (hereinafter “That Order”). Plaintiff proffers the following in good faith, and only on the grounds permitted by Rule 46 Fed. R. Civ. P..

Key Points:

Grounds	Mistake; Excusable Neglect; Omission; Oversight;

Points	[obj001]; [obj002]

Table of Contents:

Context	2nd Page
Objections	3rd Page
Certificates	8th Page
Exhibits	9th Page

Background:	This Court dismissed parts of Plaintiff’s complaint

Problem:	The dismissed parts were based on important error

Request:	This Court takes these errors into consideration

Rule 46 | Fed. R. Civ. P. | Objecting to a Ruling or Order

“When the ruling or order is requested or made, a party need only state the action that it wants the court to take or objects to, along with the grounds for the request or objection.”

Rule 60 | Fed. R. civ. P. | Relief from a Judgment or Order

“(a) CORRECTIONS BASED ON CLERICAL MISTAKES; OVERSIGHTS AND OMISSIONS. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice.”

Rule 72(b)(2) | Fed. R. Civ. P. | Magistrate Judges: Pretrial Order

“(2) Objections. Within 14 days after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations.”

Rule 3-1 | 11th Cir. R. | Failure to Object...1/

“A party failing to object... waives the right to challenge on appeal the district court’s order...”

Precedence

2:14-cv-00437-SPC-NPM	- USFLMD (12/10/20)

2:18-cv-00781-SPC-MRM	- USFLMD (9/18/20)

2:19-cv-00054-SPC-NPM	- USFLMD (9/29/20)

8:16-cv-02899-CEH-AAS	- USFLMD (11/25/20)

6:18-cv-01823-GAP-LRH	- USFLMD (2/10/21)

USFLMD recently sustained written objections

Abbreviations

USFLMD	-	US District Court, Florida, Middle District

INTRODUCTION

Preface

Plaintiff will not re-argue prior points from Plaintiff’s Response in Opposition to Defendant’s Motion to Dismiss (“That Response”).

Rather, Plaintiff’s objections will merely point out (i) that That Order had a fundamental error; AND (ii) that That Order ran contrary to the law of the land.

Immediate Procedural History

On [MMMSt] [DSt], [YYYYSt], Plaintiff initiated this lawsuit against Defendant.

On [MMMDs] [DDs], [YYYYDs] Defendant moved for dismissal.

On [MMMRsp] [DRsp], [YYYYDRsp], Plaintiff filed a response thereto.

On [MMMEty] [DEty], [YYYYEty], this Honorable Court entered That Order.

Timing

Pursuant to Rule 46 Fed. R. Civ. P., Plaintiff was allowed fourteen (14) days to file objections (also see Rules 60(a) and 72(b)(2)).

Based on the time calculation from Rule 6 Fed. R. Civ. P., this fourteen-day window will close on [MMMDue] [DDue], [YYYYDue] (11:59:59 pm EST). Thus, these objections are timely.

Furthermore, pursuant to Rule 4(a)(1)(A) Fed. R. App. P., Plaintiff has 30 days (ie, until [MMMDue2] [DDue2], [YYYYDue2]) to file a notice of appeal. Please also see Rule 26(a)(1) Fed. R. App. P. (computing time).

Thus, as an added note, Plaintiff is objecting to preserve [his/her] right to a potential appeal (also see Rule 3-1 11th Cir. R.)2/.

OBJECTIONS

First Objection: [title001]

[para001]:

“[OrderQuote001]”

Page [XX], ‘That Order’

[para002]:

“[OrderQuote002]”

Page [XY], ‘That Order’

[para003]:

“[OrderQuote003]”

Page [XZ], ‘That Order’

[para004].

[para005].

[subPar005A];

[subPar005B]; and

[subPar005C]

[para006]

Omission/Excusable Oversight

[para007]

[para008]

[para009]

[para010]

Second Objection: [title002]

[para011]

[para012]

[para013]:

“[OrderQuote004]”

Page [XX], ‘That Order’

[para014]

[para015]:

“[OrderQuote005]”

Page [XX], ‘That Order’

[para016]

Preserved Objection: [title003]

[para017]

Importance

[para018]

[subPar018A];

[subPar018B]; and

[subPar018C]

[para019]

[para020]

Legal Standard of Review

Pursuant to Rule 72(a) Fed. R. Civ. P., a district court “[must] modify or set aside any part of the order that is clearly erroneous or is contrary to law”.

In Holton v City of Thomasville, 425 F. 3d 1325 (11th Cir. 2005), the Eleventh Circuit Court of Appeals defined “clearly erroneous”:

“[A] finding is ‘clearly erroneous’ when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.”

Moreover, USFLMD – in Malibu Media v Doe, 923 F. Supp. 2d (MD Fla. 2013) - defined the phrase “contrary to law”:

An order “is contrary to the law when it fails to apply or misapplies relevant statutes, case law, or rules of procedure.”

[para021]

[para022]

Thus, these two objections pin “clear error” and “manifest injustice” to That Order. Two elements which – according to this Honorable Court – justify “reconsideration of [a court order]” (Sussman v Salem, 153 FRD 689, 694 (MD Fla. 1994)).

CONCLUSION

WHEREFORE, Plaintiff kindly and respectfully asks this Honorable Court to take Plaintiff’s objections into consideration.

Dated this [D] 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 this Court.

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. I also emailed it to the attached service list.

/s/ [plfName]

Endnotes:

1/ Plaintiff shortened the quote for relevance. He does recognize that it pertains to magistrate decisions. However, in lieu of federal appellate experience (Plaintiff is pro se), Plaintiff has included it.	2/ please see endnote 2’s second sentence. Plaintiff – moving pro se – has doubts about the need to file objections to a district judge’s order. He does so, though, with respect and caution.

How-To Guide: (interactive)

TextBookDiscrimination.com/Guides/Objections-Federal.html

SERVICE LIST

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

EXHIBIT A

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