Cotora v. Lee County et al

Filing 16

ORDER granting 15 The Defendant Lee County's Motion for Extension of the Deadline to File Expert's Report and Take Plaintiffs Deposition. The Defendant has up to and including February 12, 2012, to take the Plaintiff's deposition, independent medical exam, and to file its expert report. Signed by Magistrate Judge Sheri Polster Chappell on 9/12/2011. (LMH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CRAIG COTORA, an individual,
Plaintiff,
-vs-

Case No. 2:10-cv-775-FtM-29SPC

LEE COUNTY, a political subdivision of the State
of Florida, LEE COUNTY EMS, a political
subdivision of State of Florida,
Defendants.
______________________________________

ORDER
This matter comes before the Court on the Defendant Lee County ‘s Motion for Extension
of the Deadline to File Expert’s Report and Take Plaintiff’s Deposition (Doc. #15) filed on
September 9, 2011. The Defendant requests that it be granted an extension of time to take Plaintiff’s
deposition and to submit an independent medical evaluation due to the Plaintiff being out of the
country. The Defendant requests that it be given until thirty (30) days after the Plaintiff has returned
to this country to complete the independent medical evaluation and submit its expert report. The
Defendant submits that Plaintiff’s unavailability for deposition and to be evaluated for medical
purposes constitutes a showing of good cause for an extension of the deadlines referenced above
pursuant to Fed. R. Civ. P. 16(b) and Local Rule 3.09(a).
The Defendant’s Motion is well taken and the extension of time is due to be granted. The
Court also notes that this delay is caused by the Plaintiff’s own actions and not due to any delay
created by the Defendant. The Court suggests that counsel come to an agreement on a date at which
time the IME can be accomplished prior to the Plaintiff returning to this country so that there is not

undue delay scheduling an appointment after Plaintiff returns. The Plaintiff is cautioned that failure
to cooperate with the Defendant in scheduling an appointment may result in sanctions being imposed
upon the Plaintiff.
Accordingly, it is now
ORDERED:
The Defendant Lee County ‘s Motion for Extension of the Deadline to File Expert’s
Report and Take Plaintiff’s Deposition (Doc. #15) is GRANTED.
The Defendant has up to and including February 12, 2012, to take the Plaintiff’s
deposition, independent medical exam, and to file its expert report.
DONE AND ORDERED at Fort Myers, Florida, this

Copies: All Parties of Record

-2-

12th

day of September, 2011.