Zoom Tan, LLC v. Heartland Tanning, Inc. et al

Filing 32

ORDER denying 30 Defendant Light Sources, Inc.'s Unopposed Motion to Stay Initial Disclosures. Signed by Magistrate Judge Sheri Polster Chappell on 3/22/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ZOOM TAN, LLC,
Plaintiff,
v.

Case No: 2:12-cv-684-Ftm-29SPC

HEARTLAND TANNING, INC. and
LIGHT SOURCES, INC.,
Defendants.
___________________________________/
ORDER
This matter comes before the Court on Defendant Light Sources, Inc.'s Unopposed
Motion to Stay Initial Disclosures (Doc. #30) filed on March 19, 2013. 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).
Defendant Light Sources, Inc. moves the Court for a temporary stay of the deadline for
Initial Disclosures currently set for April 15, 2013, pending the Court’s ruling on Defendant
Light Sources’ Motion to Dismiss. Parties filed a Case Management Report on March 13, 2013.
(Doc. #29). The parties agreed that the Mandatory Initial Disclosures pursuant to Fed. R. Civ. P.
26(1)(1) deadline should be April 15, 2013. (Doc. #29). Defendant Light Sources request a stay
of this deadline pending the Court’s ruling on its Motion to Dismiss, which it argues will
substantially affect the nature and extent of the disclosures.
In this case, the District Court has not issued a Case Management and Scheduling Order
setting the case’s deadlines. Thus, the deadlines set out in the Case Management Report filed on

March 13, 2013, are not binding until the Court issues a Case Management and Scheduling
Order setting the deadlines. The Court cannot amend an order that has not been yet issued.
Furthermore, the April 15, 2013 deadline is still several weeks away and any motion to stay at
this time would be premature. Therefore, Defendant Light Sources’ request to temporary stay
the April 15, 2013 deadline for Initial Disclosures is denied.
Accordingly, it is now
ORDERED:
Defendant Light Sources, Inc.'s Unopposed Motion to Stay Initial Disclosures (Doc. #30)
is DENIED.
DONE and ORDERED in Fort Myers, Florida this 21st day of March, 2013.

Copies: All Parties of Record

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