Admiral Insurance Company v. Rivelle et al

Filing 36

ORDER granting 34 Motion for Extension of Time to Complete Discovery; granting 35 Motion to extend time to disclose experts. Signed by Magistrate Judge Carol Mirando on 4/6/2015. (ANW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ADMIRAL INSURANCE COMPANY,
a foreign for profit corporation
Plaintiff,
v.

Case No: 2:14-cv-339-FtM-38CM

MARN RIVELLE,
Defendant.
ORDER
Before the Court are Plaintiff, Admiral Insurance Company’s, Motion to
Enlarge Time to Conduct Discovery and to File Dispositive Motions or, alternatively,
to Continue Trial (Doc. 34), filed on March 30, 2015 and Defendant’s Unopposed
Motion for Enlargement of Time to Disclose Expert Reports (Doc. 35), filed on March
31, 2015.
Plaintiff requests that the Court extend the discovery deadline and the
deadline to file dispositive motions by 90 days because additional witnesses have been
identified through discovery, and those witnesses need to be deposed. Doc. 34 at 23.

Two of the witnesses are out of state, and due to scheduling conflicts those

depositions cannot be completed until after the current discovery deadline. Doc. 34
at 2.

The discovery deadline presently is set for May 4, 2015.

Doc. 30 at 1.

Extending the deadline by 90 days would put the new deadline at August 3, 2015. 1
Currently, the dispositive motion deadline is June 8, 2015. Id. If the Court grants
the motion, the new dispositive motion deadline would be September 8, 2014. 2
Defendant has no objection to the requested extension.
The Court’s case management report form states that dispositive motions need
to be filed four months or more prior to trial in order for the Court to have adequate
time to consider them.

Doc. 30.

The Case Management and Scheduling Order

entered in this case also states that “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. 30 at 4, ¶ 1.
Therefore, the Court will extend the deadlines as requested, but will also move this
case to the January 2014 trial term. All of the other pretrial deadlines also will be
extended by 90 days with the exception of the disclosure of expert reports.
Defendant filed an Unopposed Motion for Enlargement of Time to Disclose
Expert Reports. Doc. 35. Defendant requests an additional 60 days disclose its
expert reports, because additional information is needed and the parties still are

Plaintiff indicated in its motion that 90 days after the current deadline is
August 2, 2015. That date, however, falls on a Sunday. The next business day is
Monday, August 3, 2015.
1

Plaintiff notes in its motion that the new deadline is September 6, 2015 but
that date falls on a Sunday. The next day, Monday, September 7, 2015, is Labor
Day. Labor Day is a federal holiday. Therefore, the next business day would be
Tuesday, September 8, 2015.
2

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conducting discovery. Id. at 2. Defendant seeks an extension of both Plaintiff’s and
Defendant’s expert disclosure deadlines.
requested extension.

Id.

Plaintiff has no objection to the

Therefore, the deadline for Plaintiff to disclose its expert

reports is May 1, 2015. The deadline for Defendant to disclose its expert reports is
now June 1, 2015.
The Court finds good cause to extend the expert disclosure deadlines and the
deadlines set forth in the Case Management and Scheduling Order (Doc. 30).
ACCORDINGLY, it is hereby
ORDERED:
1.

Plaintiff, Admiral Insurance Company's, Motion to Enlarge Time to

Conduct Discovery and to File Dispositive Motions or, alternatively, to Continue Trial
(Doc. 34) is GRANTED.
2.

Defendant’s Unopposed Motion for Enlargement of Time to Disclose

Expert Reports (Doc. 35) is GRANTED.
3.

Trial in this matter is moved from the October 2015 trial term to the

January 2016 trial term.

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4.

The Clerk is directed to issue an amended case management and

scheduling order, placing this case on the January 2016 trial term, with Plaintiff’s
expert disclosures due by May 1, 2015 and Defendant’s expert disclosures due by June
1, 2015, discovery due by August 3, 2015, and dispositive and Daubert motions due
by September 8, 2015. All other pre-trial deadlines will be amended accordingly.
DONE and ORDERED in Fort Myers, Florida on this 6th day of April, 2015.

Copies:
Counsel of record

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