Latell v. Sovereign Bank et al

Filing 120

ORDER granting 115 Defendant's Motion for Extension of Disclosure of Expert Reports and Incorporated Memorandum of Law; granting 118 Plaintiffs' Motion to Extend Discovery Deadline and Incorporated Memorandum of Law. An Amended Case Management and Scheduling Order will be entered by separate Order. Signed by Magistrate Judge Carol Mirando on 7/21/2015. (ANW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
FRANK LATELL, KATHLEEN
LATELL, LATELL CROIX
APARTMENTS LTD, and LATELL
PEPPERTREE APARTMENTS, LTD,
Plaintiffs,
v.

Case No: 2:13-cv-565-FtM-29CM

SANTANDER BANK,
Defendant.
ORDER
Before the Court are Defendant's Motion for Extension of Disclosure of Expert
Reports and Incorporated Memorandum of Law (Doc. 115), filed on July 16, 2015 and
Plaintiffs’ Motion to Extend Discovery Deadline and Incorporated Memorandum of
Law (Doc. 118), filed July 16, 2015. Both motions are unopposed. For the reasons
set forth below, the motions are granted.
Defendant requests that the Court set an expert disclosure deadline
approximately 30 days from the date of this Order. Doc. 115. There have been
several amendments to the Case Management and Scheduling Order, most recently
on June 26, 2015 (Doc. 110), along with orders staying this case for various periods of
time since the original Case Management and Scheduling Order was entered on July
23, 2014 (Doc. 57).

Docs. 67, 81, 82, 93, 110.

Defendant, however, seeks an

additional extension based on new information, including Plaintiff’s financial

documents, received during discovery. Doc. 115 at 3. The Court finds good cause
to grant Defendant’s motion.
Plaintiffs further seek to extend the discovery deadline by ninety (90) days in
order to take the depositions of four fact witnesses identified during discovery. 1 Doc.
118 at 2. Those witnesses are located in various states, and Plaintiffs have been
receiving opposition when attempting to subpoena those witnesses. Id. Here, an
extension of the discovery deadline also would necessitate an extension of the trial
deadline, which already has been extended by the Court. Extending the trial term
is “distinctly disfavored” by the Court. M.D. Fla. R. 3.05(c)(2)(E). In this instance,
the Court finds good cause to grant the motion.

The parties are discouraged,

however, from seeking extensions beyond that provided by this Order absent
extenuating circumstances.
ACCORDINGLY, it is hereby
ORDERED:
1.

Defendant's Motion for Extension of Disclosure of Expert Reports and

Incorporated Memorandum of Law (Doc. 115) is GRANTED.
2.

Plaintiffs’ Motion to Extend Discovery Deadline and Incorporated

Memorandum of Law (Doc. 118) is GRANTED.
3.

An Amended Case Management and Scheduling Order will be entered

by separate Order.

When the Court granted Defendant’s Motion for Protective Order on July 16, 2015,
the Court encouraged Plaintiffs to seek the depositions of other witnesses rather than the
deposition of Defendant’s attorney. Doc. 114.
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DONE and ORDERED in Fort Myers, Florida on this 21st day of July, 2015.

Copies:
Counsel of record

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