Bashore v. Performance Plumbing of Southwest Florida, Inc. et al

Filing 29

ORDER granting 28 Joint Motion to Extend Discovery Deadline, Mediation Deadline and Dispositive Motion Deadline. An amended case management and scheduling order will be entered under separate cover. Signed by Magistrate Judge Carol Mirando on 9/17/2015. (ALB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOSHUA BASHORE, on his own
behalf and others similarly situated
Plaintiff,
v.

Case No: 2:14-cv-296-FtM-29CM

PERFORMANCE PLUMBING OF
SOUTHWEST FLORIDA, INC.,
LARRY LANGLEY and RANDAL
LANGLEY,
Defendants.
ORDER
Before the Court is the parties’ Joint Motion to Extend Discovery Deadline,
Mediation Deadline and Dispositive Motion Deadline (Doc. 28), filed on September
15, 2015. The discovery, mediation and dispositive motions deadlines currently are
September 15, 2015, October 5, 2015 and October 16, 2015, respectively. Doc. 26.
The parties now are requesting that the discovery deadline be extended to October
30, 2015, and the mediation and dispositive motions deadlines be extended to
December 20, 2015.
The Court may extend any deadline for good cause.

Fed. R. Civ. P. 6(b).

Here, the parties assert the extensions are necessary because counsel recently
learned that Plaintiff, Joshua Bashore, is incarcerated and will be until December
2015, and therefore they must now coordinate his deposition through the
incarceration facility. Doc. 28 at 1-2. The parties also seek an extension of the

mediation deadline to allow Plaintiff to participate in mediation upon his release.
Upon review of the motion, the Court finds good cause to extend the deadlines as
requested.
As the parties acknowledge in their joint motion, this case currently is set for
trial in February 2016. Doc. 26. As the Case Management Report form used by the
parties explains, the Court recommends that the discovery deadline occur five (5)
months before trial.

Doc. 25 at 2.

Similarly, that form states that the Court

requires that the deadline for filing dispositive, Daubert and Markman motions occur
four (4) months or more before the trial term begins. Id. Thus, the extension of the
discovery deadline to October 30, 2015 will not leave the recommended time before
the trial term, and extending the deadline for filing dispositive motions to December
20, 2015 will not leave the required four months between that deadline and the
beginning of the trial term. The Court therefore also will remove this case to a later
trial term. An amended case management and scheduling order memorializing the
new deadlines will be entered under separate cover.
ACCORDINGLY, it is hereby
ORDERED:
1.

The Joint Motion to Extend Discovery Deadline, Mediation Deadline

and Dispositive Motion Deadline (Doc. 28) is GRANTED.

An amended case

management and scheduling order memorializing the new deadlines will be entered
under separate cover.

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DONE and ORDERED in Fort Myers, Florida on this 17th day of September,
2015.

Copies:
Counsel of record

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