American Registry, LLC v. Hanaw et al

Filing 60

ORDER granting 59 Plaintiff's Agreed Motion for Enlargement of Case Management Deadlines. The deadline for Plaintiff's disclosure of expert reports is extended up to and including 9/11/2014; the deadline for Defendants' disclosure of expert reports is extended up to and including 10/13/2014. All other deadlines set forth in the Amended Case Management and Scheduling Order remain in effect. Signed by Magistrate Judge Carol Mirando on 6/27/2014.(ALB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
AMERICAN REGISTRY, LLC, a
Delaware limited liability company
Plaintiff,
v.

Case No: 2:13-cv-352-FtM-29CM

YONAH HANAW, MICHAEL
LEVY, SHOWMARK HOLDINGS,
LLC and SHOWMARK MEDIA,
LLC,
Defendants.
ORDER
Before the Court is Plaintiff's Agreed Motion for Enlargement of Case
Management Deadlines and Supporting Memorandum (“Motion”) (Doc. 59), filed on
June 26, 2014. Plaintiff requests that the Court extend the deadlines for expert
disclosures set forth in the Amended Case Management and Scheduling Order (Doc.
52) for a period of sixty days.

In support of the Motion, Plaintiff states that

“discovery has not yet progressed to the point where experts can be retained and
reports disclosed” because the case is “not yet at issue” due to two pending motions
to dismiss Plaintiff’s Third Amended Complaint filed by Defendants.1 Doc. 59 at 2.

1

The two motions are Defendants’ Motion to Dismiss Third Amended Complaint and
Incorporated Memorandum of Law (Doc. 42) and Defendant Michael Levy’s Motion to
Dismiss Third Amended Complaint for Lack of Personal Jurisdiction and Incorporated
Memorandum of Law (Doc. 43), both filed on January 20, 2014.

At the outset, the Court notes that this is the same argument offered in support
of the parties’ prior motion for extension, filed on April 3, 2014. See Doc. 50 at 2.
Although the Court granted the prior extension, the Court also cautioned the parties
that a failure to complete discovery within the time established by the Local Rules
shall not constitute good cause for an extension unless that failure was not due to a
lack of diligence in pursuing discovery, and “question[ed] whether the parties have
shown the requisite diligence by failing to complete any additional discovery” prior to
filing the motion for extension. See Doc. 51 at 2, 3. The Court further instructed
the parties to “diligently pursue discovery during the extension period, as doing so
would not impose any burdens outside those normally associated with litigation.” Id.
at 3. As Plaintiff again states that discovery has not progressed to the point where
expert reports can be exchanged due to the pending motions to dismiss, it appears
the parties did not heed the Court’s prior Order.
Motions to extend deadlines are “distinctly disfavored after entry of the Case
Management and Scheduling Order.” M.D. Fla. R. 3.05(c)(2)(E). Upon review of
the Motion and the current Amended Case Management and Scheduling Order (Doc.
52), the deadlines by which the parties are required to disclose expert reports appear
far enough in advance of the discovery deadline that granting the requested extension
will not affect any other deadlines.2 Therefore, in light of the parties’ agreement and
because extending the deadlines for disclosure of expert reports will not affect other

2

The current deadline for Plaintiff’s disclosure of expert reports is July 11, 2014 and
the deadline for disclosure of Defendants’ expert reports is August 11, 2014. Doc. 52 at 1.
The discovery deadline is December 1, 2014. Id.

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deadlines set forth in the Amended Case Management and Scheduling Order (Doc.
52), the Court will grant the requested sixty-day extension, but again reminds the
parties that they should be diligently pursuing discovery during the extension period.
ACCORDINGLY, it is hereby
ORDERED:
1.

Plaintiff's Agreed Motion for Enlargement of Case Management

Deadlines and Supporting Memorandum (Doc. 59) is GRANTED.
a. The deadline for Plaintiff’s disclosure of expert reports is
extended up to and including September 11, 2014;
b. The deadline for Defendants’ disclosure of expert reports is
extended up to and including October 13, 2014.
2.

All other deadlines set forth in the Amended Case Management and

Scheduling Order (Doc. 52) remain in effect.
DONE and ORDERED in Fort Myers, Florida on this 27th day of June, 2014.

Copies:
Counsel of record

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