It is Useless to Try to Get Around Local Court Rules

Post 4954

In an action for a declaratory judgment regarding an insurance coverage dispute the USDC was presented with  Motion to Strike by All Plaintiffs (“Travelers”). Travelers asks that the Court strike Defendant Ackercamps.com LLC’s (“Ackercamps”) two Motions for Summary Judgment, for failure to comply with this Court’s local rules.

In The Phoenix Insurance Company, Travelers Casualty Insurance Company Of America, The Travelers Indemnity Company, and Travelers Property Casualty Company Of America v. Ackercamps.Com LLC, K.V., a minor, by and through her Guardian, Lynae Vahle, and Lynae Vahle, individually and on behalf of all others similarly situated, No. 3:23-cv-3303-DWD, United States District Court, S.D. Illinois (November 22, 2024) the USDC enforced its rules.

BACKGROUND

Ackercamps filed two summary judgment motions. The first motion concerns Count V of Ackercamps’ Counterclaim. The second concerns Travelers’ Complaint and Counts I-IV of Ackercamps’ Counterclaim. Travelers moved to strike both motions.

Legal Standards

Courts have broad discretion to enforce strict compliance with local rules governing summary judgment motions. The Southern District of Illinois’ Local Rule 56.1 governs the procedures for filing and responding to motions for summary judgment in this Court.

DISCUSSION

Travelers raises several valid points regarding Ackercamps’ failure to comply with Local Rule 56.1. First, Travelers argues that Ackercamps’ two motions exceed the 20-page limit prescribed in Local Rules. Ackercamps argued that its motions do not violate Local Rule 56.1(e) because each motion falls reasonably within the 20-page limit, the local rules do not forbid the filing of two separate summary judgment motions, and that it filed two separate motions to present distinct issues in an efficient manner. Ackercamps’ arguments fall flat for the following reasons:

Ackercamps fails to provide adequate reasoning as to why it should be set apart from all other litigants who are required to adhere to this Court’s local rules and be allowed to file nearly forty pages of argument in support of their two motions for summary judgment.
Ackercamps could have sought leave of Court to exceed the 20-page limit, but chose not to comply.
Ackercamps will not be rewarded for any attempt to circumvent the local rules.
Travelers alleged that Ackercamps’ motions ought to be stricken for failure to set forth each material, relevant fact in separately numbered paragraphs, as required by Local Rule 56.1(a).
Travelers argued that the Court should strike Ackercamps’ Motion for Summary Judgment as to Count V of its counterclaim, because it fails to support several material facts with a specific citation to the record, as required.

Denying the motion to strike would permit Ackercamps to effectively double the 20-page limit by arbitrarily separating counterclaims into two briefs alongside statements of material facts that lack clear organization and sufficient citations.

All litigants must adhere to the same rules. Ackercamps failed to comply with the Local Rules, and must suffer the consequences, harsh or not.

Therefore, Travelers’ Motion to Strike was granted. Ackercamps’ is ordered to file one Motion for Summary Judgment that complies with this Court’s Local Rules and the Federal Rules for Civil Procedure within seven days of the docketing of this Order.

ZALMA OPINION

People suing insurance companies seem to believe that they are guaranteed to win every argument with the insurer and the court. Ackercamps  learned it was not true and it had no right to violate the local rules. Ackercamps was lucky that the court only rejected its motions and did not sanction it and its lawyers for violating the rules. Much to the surprise of those suing insurers find that the USDC treats all litigants fairly and require them all to fulfill the rules of the court.

(c) 2024 Barry Zalma & ClaimSchool, Inc.

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