Peoples Gas System v. Posen Construction, Inc.

Filing 50

ORDER granting 49 the Plaintiff, Peoples Gas System and the Defendant, Posen Construction, Inc.'s Motion to Enlarge Scheduling Order Deadlines. SEE ORDER FOR DEADLINES. Signed by Magistrate Judge Sheri Polster Chappell on 11/5/2012. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

PEOPLES GAS SYSTEM, a division of
Tampa Electric Company, a Florida
corporation
Plaintiff,
v.

Case No: 2:11-cv-231-FtM-29SPC

POSEN CONSTRUCTION, INC.,
Defendant.
___________________________________/

ORDER
This matter comes before the Court on the Plaintiff, Peoples Gas System and the
Defendant, Posen Construction, Inc.'s Motion to Enlarge Scheduling Order Deadlines (Doc. #49)
filed on November 1, 2012. 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).
The Parties move the Court to enlarge the deadlines in the Case Management and
Scheduling Order up to six (6) months. As grounds to enlarge the deadlines in the Case
Management and Scheduling Order, the Parties state that the case is very complex and involves
over 150,000 pages of documents already produced in discovery, they have encountered
difficulties scheduling all of the necessity depositions, they have identified numerous new third
party witnesses, documents need to be reviewed and witnesses deposed, and each side has

identified new areas on which they may retain additional expert witnesses. Additionally, the
Parties are involved in other lawsuits involving the same incident and circumstances making the
issues here more complicated. After a review of the Parties Motion, the Court finds good cause
to enlarge the Case Management and Scheduling Order.
Accordingly, it is now
ORDERED:
The Plaintiff, Peoples Gas System and the Defendant, Posen Construction, Inc.'s Motion
to Enlarge Scheduling Order Deadlines (Doc. #49) is GRANTED. The Case Management and
Scheduling Order is modified as follows:
Disclosure of Experts

Plaintiff:
Defendant:

May 6, 2013
June 6, 2013

Discovery Deadline

June 28, 2013

Dispositive Motions, Daubert, and Markman July 15, 2013
Motions
Meeting In Person to Prepare Joint Final September 10, 2013
Pretrial Statement
Final Pretrial Statement (Including a Single Set September 30, 2013
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 September 30, 2013
Limine, Trial Briefs
Final Pretrial Conference

Date:
Time:
Judge:

October 21, 2013
9:00am.
Hon. John E. Steele

Trial Term Begins
November 4, 2013
(Trials Before Magistrate Judges Begin on
Date Certain)

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DONE and ORDERED in Fort Myers, Florida this 2nd day of November, 2012.

Copies: All Parties of Record
DCCD Brenda Alexander

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