Federal Deposit Insurance Corporation v. Aultman et al
ORDER granting 63 Joint Motion for Amended Case Management and Scheduling Order. Deadlines in this case are extended as follows: Plaintiff's Expert Report due 5/1/14; Defendants' Expert Report due 6/2/14; Discovery deadline 6/30/14; Daubert and Markman motions due 6/30/14; Dispositive motions due 7/14/14. All other deadlines remain unchanged. The Clerk is directed to update the deadlines accordingly. Signed by Magistrate Judge Carol Mirando on 3/18/2014. (ALB)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
FEDERAL DEPOSIT INSURANCE
CORPORATION, as receiver for Orion
Bank of Naples, Florida
Case No: 2:13-cv-58-FtM-38CM
JAMES AULTMAN, EARL
HOLLAND, ALAN PRATT and
This matter comes before the Court upon review of the parties’ Joint Motion
for Amended Case Management and Scheduling Order (Doc. 63), filed on March 13,
2014. The parties request a one-month extension of certain pretrial deadlines, and
represent that the extension will not affect the trial date or any other pretrial
deadlines set forth in the Amended Case Management and Scheduling Order (Doc.
52). The Court is mindful that the parties recently completed mediation, but also
notes that the parties represented that the previous extension of time granted by the
Court, which established the current deadlines, would also “allow the parties
adequate time to complete discovery if they are unable to mutually resolve the FDICR’s claims at mediation.” Doc. 56 at 2.
The Court’s Case Management and Scheduling Orders explain that the
extension of deadlines is disfavored, and state “[t]he Court cannot extend a
dispositive motion deadline to the eve of trial” because “at least four months are
required before trial to receive memoranda in opposition to a motion for summary
judgment, and to research and resolve the dispositive motion sufficiently in advance
of trial.” Doc. 52 at 3; Doc. 27 at 3. As this case is set for the November 3, 2014
trial term, extending the deadlines as requested in parties’ Joint Motion would
substantially shorten the time for review by the District Court.
However, because the Motion was filed jointly, and in light of the parties’
continued representation that an additional extension will not cause the trial or any
other pretrial dates to be delayed, the Court will grant the instant motion, but is not
inclined to entertain requests for further extension beyond that granted by this Order
without also moving the Pretrial Conference and Trial dates.
The new scheduling deadlines will be as follows:
Plaintiff’s Expert Report
May 1, 2014
Defendants’ Expert Report
June 2, 2014
June 30, 2014
Daubert and Markman Motions
June 30, 2014
July 14, 2014
ACCORDINGLY, it is hereby
The parties’ Joint Motion for Amended Case Management and
Scheduling Order (Doc. 63) is GRANTED as set forth above. All other directives and
deadlines set forth by the Court in the Amended Case Management and Scheduling
Order (Doc. 52) remain in effect.
The Clerk is directed to update the deadlines on the docket.
DONE and ORDERED in Fort Myers, Florida on this 18th day of March, 2014.
Counsel of record
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?