Calderone et al v. Scott

Filing 98

ORDER granting 90 Defendant's Motion for Protective Order to Preclude Deposition of Sheriff Michael Scott; denying 92 Plaintiffs' Motion for Protective Order Regarding Class Discovery and Motion to Bifurcate Case into Liability and Damages Phase and Incorporated Memorandum of Law. See Order for details. Signed by Magistrate Judge Carol Mirando on 9/19/2016. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
KEVIN CALDERONE, GEORGE
SCHWING, MICHAEL ZALESKI and
SELENA LEE, an individual
Plaintiffs,
v.

Case No: 2:14-cv-519-FtM-29CM

MICHAEL SCOTT,
Defendant.
ORDER
This matter comes before the Court upon review of Defendant's Motion for
Protective Order to Preclude Deposition of Sheriff Michael Scott (Doc. 90) filed on
August 16, 2016, and Plaintiffs’ Motion for Protective Order Regarding Class
Discovery and Motion to Bifurcate Case into Liability and Damages Phases and
Incorporated Memorandum of Law (Doc. 92) filed on August 30, 2016. Plaintiffs
filed a response in opposition to Defendant’s motion for a protective order (Doc. 90)
on August 26, 2016. Doc. 91. Defendant filed a response in opposition to Plaintiffs’
motion for a protective order and motion to bifurcate (Doc. 92) on September 13, 2016.
Doc. 93.
The Court held a hearing on the present motions on September 16, 2016 and
heard extensive argument from both sides. Doc. 97. For the reasons stated on the
record, Defendant’s motion for a protective order (Doc. 90) is granted, and all of
Plaintiffs’ notice, subpoena, and request directed to taking a deposition of Sheriff

Michael Scott are quashed.

Defendant shall make available for deposition

Commander Tracy Estep, the current head of the Sheriff’s Office’s Professional
Standards Division, and Annmarie Reno, the Director of Budget Services for the
Sheriff’s Office. Doc. 90 at 4. Furthermore, Plaintiffs’ motions for a protective order
and to bifurcate (Doc. 92) are denied for the reasons stated on the record. Plaintiffs
shall have up to and including October 7, 2016 to respond to Defendant’s First
Interrogatories to the opt-in plaintiffs, served on August 1, 2016.
The parties also discussed extending the Case Management and Scheduling
Order (“CMSO”) deadlines.

Doc. 41.

The deadlines for the disclosure of expert

reports for Plaintiffs and Defendant, and the discovery deadline are extended by two
(2) weeks. The deadline for dispositive motions, Daubert motions, and Markman
motions is extend by one (1) week.
ACCORDINGLY, it is hereby
ORDERED:
1.

Defendant's Motion for Protective Order to Preclude Deposition of Sheriff

Michael Scott (Doc. 90) is GRANTED.
2.

Plaintiffs’ notice, subpoena, and request that are related to taking the

deposition of Sheriff Michael Scott are QUASHED.
2.

Plaintiffs’ Motion for Protective Order Regarding Class Discovery and

Motion to Bifurcate Case into Liability and Damages Phases and Incorporated
Memorandum of Law (Doc. 92) are DENIED.

-2-

4.

Plaintiffs shall have up to and including October 7, 2016 to respond to

Defendant’s First Interrogatories to the opt-in plaintiffs.
5.

The deadline for disclosure of expert reports for Plaintiffs is extended by

two (2) weeks.

Plaintiffs shall have up to and including September 28, 2016 to

disclose expert reports.
6.

The deadline for disclosure of expert reports for Defendant is extended by

two (2) weeks. Defendant shall have up to and including October 28, 2016 to disclose
expert reports.
7.

The discovery deadline is extended by two (2) weeks. The parties shall

have up to and including November 15, 2016 to conduct discovery.
8.

The deadline for dispositive motions and Daubert and Markman motions

is extend by one (1) week. The parties shall have up to and including December 8,
2016 to file dispositive motions, Daubert motions, and Markman motions.
9.

The Clerk is directed to enter an Amended Case Management and

Scheduling Order.
10.

All other directives set forth in the Case Management and Scheduling

Order (Doc. 41) remain unchanged.
DONE and ORDERED in Fort Myers, Florida on this 19th day of September,
2016.

-3-

Copies:
Counsel of record

-4-