The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
KARA SOMMERVILLE,
Plaintiff,
v. Case No.: 6:25-cv-00215-CEM-LHP
HIGHER TECH REALTY FL, LLC,
Defendant,
ORDER
Before the Court is Plaintiff’s Motion for Extension of Time to File Second
Amended Complaint, or in the Alternative, for Temporary Stay, and Incorporated
Requests for Appointment of Counsel and Referral to Mediation. Doc. No. 30. On
review, the motion is DENIED without prejudice.
First, the motion fails to comply with the conferral requirements of Local Rule
3.01(g). Second, the motion fails to include a memorandum of legal authority as
required by Local Rule 3.01(b). Third, the motion improperly includes several
different requests for affirmative relief in the same filing, to include an extension of
time; a stay; appointment of counsel; referral to mediation; and access to CM/ECF.
See Brown v. Comm’r of Soc. Sec., No. 6:17-cv-633-Orl-40KRS, 2018 WL 672276, at *1
(M.D. Fla. Feb. 2, 2018) (noting “the well-settled procedural rule that requests for
affirmative relief shall be stated in a separate filing”); L-3 Comm. Corp. v. Sparton
Corp., No. 6:13-cv-1481-Orl-TBS, 2014 WL 2003120, at * 4 (M.D. Fla. May 15, 2014)
(“All requests for affirmative relief shall be made by a separate motion.” (citations
omitted)).
That said, and given the deadline for Plaintiff to file a second amended
complaint expired on April 1, 2026,1 the Court sua sponte extends that deadline
through April 20, 2026, and Plaintiff shall file a second amended complaint on or
before that date in accordance with the Court’s March 12, 2026 Order. See Doc. No.
27. In addition, the Court will sua sponte extend Defendant’s deadline to answer
Plaintiff’s existing amended complaint, as modified (see Doc. No. 27) until April 27,
2026. See Doc. No. 29. Of course, if Plaintiff files a second amended complaint by
April 20, 2026, Defendant’s time to answer or otherwise respond to the amended
pleading will be extended in accordance with Federal Rule of Civil Procedure
15(a)(3). These extensions do not impact any other case management deadlines. See
Doc. No. 23.
Plaintiff is cautioned that although she proceeds pro se, that does not relieve
her of the obligation to comply in full with applicable Federal Rules of Civil
Procedure, Local Rules, and Court Orders. See Moon v. Newsome, 863 F.2d 835, 837
(11th Cir. 1989), cert. denied, 493 U.S. 863 (1989) (pro se litigants are “subject to the
1 Plaintiff filed the present motion with the Clerk of Court on March 31, 2026, but it
was not filed on the docket until April 2, 2026. Doc. No. 30.
relevant law and rules of court, including the Federal Rules of Civil Procedure”).
Thus, any renewed requests for affirmative relief shall be set forth by separate
motion, and shall otherwise be filed in full compliance with the Federal Rules of
Civil Procedure and this Court’s Local Rules.
DONE and ORDERED in Orlando, Florida on April 3, 2026.
| ay □□□□
LESLIE AN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to:
Counsel of Record
Unrepresented Parties