Fiddler's Creek, LLC v. Naples Lending Group LC

Filing 266

ORDER granting 259 Defendants' Limited Unopposed Motion to Extend Deadline to Continue Two Depositions through June 17, 2016 and to Extend Dispositive, Daubert, and Markman Motion Deadline through June 28, 2016; granting 263 The Parties ' Agreed Joint Motion for Limited Extension of Time to Conduct Two Previously Noticed Deposition. The deadlines set forth in the Amended Case Management and Scheduling Order will be extended by thirty (30) days. An Amended Case Management and Scheduling Order will be entered by separate Order. Signed by Magistrate Judge Carol Mirando on 5/27/2016. (ANW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
IN RE: FIDDLER’S CREEK, LLC
FIDDLER’S CREEK, LLC,
Plaintiff,
v.

Case No: 2:14-cv-379-FtM-29CM

NAPLES LENDING GROUP LC
and DANIEL CARTER,
Defendants/Third
Party Plaintiff
AUBREY FERRAO, ANTHONY
DINARDO and WILLIAM
REAGAN,
Third Party Defendants.
____________________________________/
ORDER
Before the Court are Defendants’ Limited Unopposed Motion to Extend
Deadline to Continue Two Depositions through June 17, 2016 and to Extend
Dispositive, Daubert, and Markman Motion Deadline through June 28, 2016 (“Motion
to Continue,” Doc. 259), and the parties’ Agreed Joint Motion for Limited Extension
of Time to Conduct Two Previously Noticed Deposition (“Motion for Extension,” Doc.
263). For the reasons set forth below, the motions are granted.
Both motions seek to extend the deadlines for the discovery and dispositive
motion deadlines. See Docs. 259, 263. In the Motion to Continue, Defendants state
that the extension is needed to complete the depositions of Kris Wiebeck and Michael

Falcone. Doc. 259 at 1. As grounds, Defendants state that Plaintiff deposed Mr.
Wiebeck, and, while Defendants cross-noticed the deposition, they were unable to ask
any questions. Id. at 2. Additionally, Defendants could not complete the deposition
of Mr. Wiebeck.

Id.

Defendants sought to arrange the continuation of the

depositions, but were unable to do so before the current discovery deadline of May 31,
2016. Id. Accordingly, Defendants request to extend the discovery and dispositive
motion deadlines.
The Motion for Extension states that the parties need to complete the
deposition of Daniel Carter and Rene Vecka. Doc. 263 at 1-2. The parties state they
attempted to schedule these depositions prior to the discovery deadline, but due to
unforeseen circumstances, each of the depositions needed to be rescheduled. Id. at
2. The parties state they have acted diligently in trying to complete the depositions
prior to the close of discovery. Id. The parties have conducted numerous fact and
expert depositions throughout the month of May 2016.

Id.

Thus, the parties

request a brief extension to complete discovery and dispositive motions.
The Court also notes that Plaintiff filed a Motion to Compel Defendant Carter
to Produce Financial and Net Worth Discovery (Doc. 253). Moreover, Counterclaim
Defendants, Aubrey Ferrao, Anthony DiNardo, William Reagan, and Fiddler’s Creek
LLC filed a Motion to Compel Production of Documents Responsive to First Request
for Production (Doc. 262). In light of the remaining discovery and pending motions
to compel, the Court finds good cause to grant the extension. An amendment of the
discovery and dispositive motion deadlines, however, would necessitate an extension

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of the remaining deadlines.

Accordingly, the Court will extend the entire case

management schedule by thirty days. Absent extenuating circumstances, however,
the Court will not be inclined to grant any additional extensions.
ACCORDINGLY, it is hereby
ORDERED:
1.

Defendants' Limited Unopposed Motion to Extend Deadline to Continue

Two Depositions through June 17, 2016 and to Extend Dispositive, Daubert, and

Markman Motion Deadline through June 28, 2016 (Doc. 259) is GRANTED.
2.

The Parties’ Agreed Joint Motion for Limited Extension of Time to

Conduct Two Previously Noticed Deposition (Doc. 263) is GRANTED.
3.

The deadlines set forth in the Amended Case Management and

Scheduling Order will be extended by thirty (30) days.
4.

An Amended Case Management and Scheduling Order will be entered

by separate Order.
5.

All other directives set forth in the Case Management and Scheduling

Order (Doc. 98) remain unchanged.
DONE and ORDERED in Fort Myers, Florida on this 27th day of May, 2016.

Copies:
Counsel of record

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