Michael James, LLC v. Pine Ridge Imports of Naples, Inc. et al

Filing 150

ORDER granting in part and denying in part 143 the Defendants, Margret J., and Michael Bravieris Motion to Enlarge the Case Management and Scheduling Order Deadlines and/or Stay Discovery; denying as moot 148 The Defendants, Margaret and Richard Bravieri filed a Motion to file a Reply to Plaintiffs Opposition to Defendants Motion to Extend Discovery. (1) The Defendants, Margret J., and Michael Bravieris Motion to Enlarge the Case Management and Scheduling Order Deadlines is GRANTED. (2) The Defendants, Margret J., and Michael Bravieris Motion Stay Discovery is DENIED. SEE ORDER FOR AMENDED DEADLINES. Signed by Magistrate Judge Sheri Polster Chappell on 3/18/2010. (LMH)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

MICHAEL JAMES, LLC a Florida limited liability company doing business as Pine Ridge Coachworks, Plaintiff, -vsPINE RIDGE IMPORTS OF NAPLES, INC. a Florida corporation; RICHARD E. BRAVIERI individually; MARGRET J. BRAVIERI individually; VARIOUS JOHN DOES; VARIOUS JANE DOES; ABC COMPANIES, Defendants. ______________________________________ ORDER This matter comes before the Court on the Defendants, Margret J., and Michael Bravieri's Motion to Enlarge the Case Management and Scheduling Order Deadlines and/or Stay Discovery (Doc. #143) filed on March 5, 2010. The Plaintiff Michael James, LLC, filed its Response in Opposition to the Motion (Doc. # 147). The Defendants, Margaret and Richard Bravieri filed a Motion to file a Reply to Plaintiff's Opposition to Defendants' Motion to Extend Discovery (Doc. # 148) on March 11, 2010. The Motion is now ripe for the Court's review. District courts have broad discretion in managing their cases. Chrysler Int'l Corp. v. Chenaly, 280 F.3d 1358, 1360 (11th Cir. 2002). The broad discretion given to the court includes the management of pretrial activities such as discovery and scheduling. Id. (citing Johnson v. Bd. of Regents of Univ. Georgia, 263 F.3d 1234, 1269 (11th Cir. 2001). Case No. 2:08-cv-716-FtM-36SPC

As grounds for the extension of time, the Defendants state that at the time the Case Management and Scheduling Order (CMSO) was issued, the third party Defendants Robin Schrock, Naples Body & Fender, J & K SW FL Enterprises, LLC., Joseph and Kevin Bronchack were not parties to the action. Since they have been added, the Defendants argue that the current CMSO is no longer viable. The Motion to Enlarge the CMSO is unopposed. Since the CMSO was issued, this case has been delayed by a Motion to Enforce the Settlement Agreement which essentially stayed the case for over six months, five(5 ) new parties have been added, and the case is still in the early stages of discovery. Therefore, the Court finds good cause to grant the enlargement of the CMSO. The Defendants also move to stay all discovery pending a ruling by the District Court on the Motions to Dismiss and/or the Magistrate Judge's Report and Recommendation. With the Court granting the increase in the CMSO deadlines, no good cause exists to stay discovery. The Defendants also moved to file a Reply Brief in the Plaintiff's Response in Opposition. That Motion is now moot and due to be denied as such. Accordingly, it is now ORDERED: The Defendants, Margret J., and Michael Bravieri's Motion to Enlarge the Case Management and Scheduling Order Deadlines and/or Stay Discovery (Doc. #143) is GRANTED in part and DENIED in part. (1) The Defendants, Margret J., and Michael Bravieri's Motion to Enlarge the Case Management and Scheduling Order Deadlines is GRANTED. (2) The Defendants, Margret J., and Michael Bravieri's Motion Stay Discovery is DENIED.
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(3) The Defendants, Margaret and Richard Bravieri filed a Motion to file a Reply to Plaintiff's Opposition to Defendants' Motion to Extend Discovery (Doc. # 148) is DENIED as moot. (4) The Case Management and Scheduling Order is modified as follows: Disclosure of Experts Discovery Deadline Mediation Deadline: Plaintiff: Defendant: August 16, 2010 August 25, 2010 October 25, 2010 November 5, 2010 November 19, 2010 February 7, 2011

Dispositive Motions, Daubert, and Markman Motions Meeting In Person to Prepare Joint Final Pretrial Statement (Including a Single Set of Jointly Proposed Jury Instructions and Verdict Forms (With diskette), Voir Dire Questions, Witnesses Lists, Exhibit Lists on Approved Form) All Other Motions Including Motions In Limine, Trial Briefs Final Pretrial Conference Date: Time: Judge:

March 3, 2011 March 21, 2011 1:30pm Hon. Charlene Edwards Honeywell April 5, 2011

Trial Term Begins (Trials Before Magistrate Judges Begin on Date Certain)

DONE AND ORDERED at Fort Myers, Florida, this

18th

day of March, 2010.

Copies: All Parties of Record DCCD
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