In the Matter of: Everglades Airboat Management, LLC, et al.,

Filing 27

ORDER granting 25 Agreed Motion to Excuse Meeting in Person to Prepare Case Management Report, waiving requirement of in person attendance at case management conference; extending the deadline for filing a Case Management Report until fourteen (14) days after entry of an Order on the pending 26 Report and Recommendation. See Order for details. Signed by Magistrate Judge Carol Mirando on 12/29/2014.(ALB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
IN ADMIRALTY
IN RE: EVERGLADES AIRBOAT
MANAGEMENT LLC AND EVERGLADES
AIRBOAT RESORTS, LLC, D/B/A CAPTAIN
JACK’S AIRBOAT TOURS (F/K/A CAPTAIN
DOUG’S AIRBOAT TOURS), AS OWNERS,
CHARTERERS, OPERATING MANAGERS OF
THE 2013 18' ALUMITECH AIRBOAT AND
2009 18' ALUMITECH AIRBOAT IN A CAUSE
OF ACTION FOR EXONERATION FROM, OR
LIMITATION OF LIABILITY
Case No: 2:14-cv-380-FtM-29CM
ORDER
Before the Court is the parties’ Agreed Motion to Excuse Meeting in Person to
Prepare CMR (“Motion”) (Doc. 25), filed on December 22, 2014. The parties state
that the offices of their respective counsel are located in Tampa and North Miami
Beach, and therefore waiving the in-person meeting requirement will enable them to
“avoid the unnecessary expense of travel and time” that is required of an in-person
meeting. Doc. 25 at 2. The parties also state that they already have prepared a
draft of the Case Management Report (“CMR”) without issue. Id. at 1. Thus, the
Court finds good cause and will waive the requirement that the parties meet in person
to prepare the CMR.
Moreover, as the parties correctly state, Claimant Stephen Palmer filed an
unopposed motion to lift the stay and permit him to litigate his claims in Florida state
court. Id.; see Doc. 24. Because the Court now has recommended that Claimant’s

motion to lift the stay be granted and he be permitted to pursue his personal injury
claims in state court, filing a CMR will be unnecessary in the event the District Court
accepts the undersigned’s recommendation. See Doc. 26. The parties therefore also
are relieved of their obligation to file a CMR until fourteen (14) days after the date of
an Order denying Claimant’s motion to lift the stay, in the event the Court does not
accept the undersigned’s recommendation and the case remains active in this Court.
ACCORDINGLY, it is hereby
ORDERED:
1.

The Agreed Motion to Excuse Meeting in Person to Prepare CMR (Doc.

25) is GRANTED. The requirement that the parties conduct the case management
conference in person is hereby waived.
2.

The deadline for jointly filing a Case Management Report is extended

until fourteen (14) days after the entry of an Order on the pending Report and
Recommendation (Doc. 26), in the event the Court does not accept the
recommendation that Claimant be permitted to pursue his claims in state court.
DONE and ENTERED in Fort Myers, Florida on this 29th day of December,
2014.

Copies:
Counsel of record

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