Ogilvie v. Collier County Sheriff's Office et al

Filing 33

ORDER granting 32 Plaintiff & Defendants Unopposed Motion to Extend the Deadline to Disclose Expert Reports. An Amended Case Management and Scheduling Order will be entered under separate cover. See Order for details. Signed by Magistrate Judge Carol Mirando on 6/22/2015. (ALB)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DAVID OGILVIE, Plaintiff, v. Case No: 2:14-cv-354-FtM-38CM JERRY SWANK and PETE CACERES, Defendants. ORDER Before the Court is Plaintiff & Defendants Unopposed Motion to Extend the Deadline to Disclose Expert Reports (Doc. 32), filed on June 17, 2015. The parties seek extensions of the expert disclosure deadlines because there remains outstanding fact discovery that must be completed prior to the disclosure of expert reports. Id. at 1. The parties are requesting that the deadlines for Plaintiff and Defendants to file their expert reports be extended to October 14, 2015 and November 14, 2015, respectively. The Court may extend any deadline for “good cause.” Fed. R. Civ. P. 6(b)(1). Here, the Court finds that the parties have shown sufficient good cause and will grant the requested extensions. Extending the deadlines for expert disclosures as requested, however, renders the remaining case management deadlines impractical. As the Related Case Order and Track Two Notice explains, the Court recommends that the discovery deadline occur five (5) months before trial and requires that the deadline for filing dispositive, Daubert and Markman motions occur four (4) months or more before the trial term begins. Doc. 15 at 5. The dispositive motions deadline currently is October 9, 2015 and this case is set for the trial term beginning February 1, 2016. Doc. 23 at 1, 2. Thus, extending the discovery and dispositive motions deadlines to accommodate the extension of the expert disclosure deadlines no longer leaves the required four months between the dispositives deadline and the beginning of the trial term. The Court therefore will extend all remaining case management deadlines and remove this case to a later trial term. The new deadlines will be set forth in an Amended Case Management and Scheduling Order. ACCORDINGLY, it is hereby ORDERED: Plaintiff & Defendants Unopposed Motion to Extend the Deadline to Disclose Expert Reports (Doc. 32) is GRANTED. An Amended Case Management and Scheduling Order will be entered under separate cover. DONE and ORDERED in Fort Myers, Florida on this 22nd day of June, 2015. Copies: Counsel of record -2-

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