Federal Deposit Insurance Corporation v. Aultman et al

Filing 64

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
Plaintiff,
v.

Case No: 2:13-cv-58-FtM-38CM

JAMES AULTMAN, EARL
HOLLAND, ALAN PRATT and
BRIAN SCHMITT,
Defendants.
ORDER
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

Discovery Deadline

June 30, 2014

Daubert and Markman Motions

June 30, 2014

Dispositive Motions

July 14, 2014

ACCORDINGLY, it is hereby
ORDERED:

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1.

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.
2.

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.

Copies:
Counsel of record

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