Kwiatkowski v. Allstate Insurance Company, Inc.

Filing 23

ORDER denying as moot 20 Joint Motion for Extension of Time; granting in part 22 Amended Joint Motion for Extension of Time of the Case Management and Scheduling Order. See Order for details. Signed by Magistrate Judge Carol Mirando on 3/11/2016. (ANW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SHIRLEY KWIATKOWSKI,
Plaintiff,
v.

Case No: 2:14-cv-575-FtM-29CM

ALLSTATE INSURANCE
COMPANY,
Defendant.
ORDER
Before the Court are the parties’ Joint Motion for Extension of Time (Doc. 20)
and Amended Joint Motion for Extension of Time of the Case Management and
Scheduling Order (Doc. 22). The Court denies as moot the initial Joint Motion for
Extension of Time as the Amended Motion seeks the same relief. For the reasons
set forth below, the parties Amended Motion for Extension of Time of the Case
Management and Scheduling Order is grant in part.
The parties seek an extension of the deadlines in the Case Management and
Scheduling Order. Doc. 22 at 1. As grounds, the parties state that lead counsel for
Plaintiff has been appointed to be a Circuit Court Judge in the Twentieth Judicial
Circuit, and as of April 1, 2016 will no longer be licensed to practice law.

Id.

Another attorney will take over the file and is in the process of familiarizing himself
with the case.

Id. at 2.

Additionally, associate counsel for Plaintiff had an

unexpected family emergency and is out of state. Id. at 1-2. The parties request an

extension of the discovery, mediation and dispositive motions, Daubert and Markman
motions deadlines and the trial term. Id.
While the Court finds good cause to grant the motion, the Court is not inclined
extend all of the deadlines. This case initially was removed to this Court on October
1, 2014. Doc. 1. This is a Track Two Case, and “[i]t is the goal of the court that a
trial will be conducted in all Track Two Cases within two years after the filing of the
complaint.” M.D. Fla. R. 3.05(c)(2)(E). Thus, the Court will not extend the trial
deadline. The Court, however, will extend the discovery, mediation and dispositive
motions, Daubert and Markman motions deadlines.
ACCORDINGLY, it is hereby
ORDERED:
1.

The Joint Motion for Extension of Time (Doc. 20) is DENIED as moot.

2.

The Amended Joint Motion for Extension of Time of the Case

Management and Scheduling Order (Doc. 22) is GRANTED in part.
3.

An Amended Case Management and Scheduling Order will be issued by

separate Order.

All other directives set forth in the Case Management and

Scheduling Order (Doc. 17) remain unchanged.
DONE and ORDERED in Fort Myers, Florida on this 11th day of March, 2016.

Copies:
Counsel of record

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