Lee Memorial Health System v. Nationwide Insurance Company of America

Filing 40

ORDER granting in part and denying in part 36 Plaintiff's Motion for Relief from Case Management and Scheduling Order and for Extension of Case Management and Scheduling Deadlines and to Withdraw this Case from Mediation; granting in part and denying in part 37 Nationwide Insurance Company of America's Motion for Relief from Case Management and Scheduling Order. The deadlines in the 23 Case Management and Scheduling Order, including the expert disclosures deadlines will be extended by 90 days. The Clerk is directed to enter an Amended Case Management and Scheduling Order. The parties request to be excused from mediation is DENIED. Signed by Magistrate Judge Carol Mirando on 11/5/2015. (ANW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LEE MEMORIAL HEALTH SYSTEM,
Plaintiff,
v.

Case No: 2:15-cv-15-FtM-38CM

NATIONWIDE INSURANCE
COMPANY OF AMERICA,
Defendant.
ORDER
Before the Court are Plaintiff’s Motion for Relief from Case Management and
Scheduling Order and for Extension of Case Management and Scheduling Deadlines
and to Withdraw this Case from Mediation (Doc. 36) and Nationwide Insurance
Company of America’s Motion for Relief from Case Management and Scheduling
Order (Doc. 37). Plaintiff responded in opposition to Defendant’s motion for relief
(Doc. 38). For the reasons set for below, the motions are granted in part and denied
in part.
The parties seek an extension of the deadlines in the Case Management and
Scheduling Order (Doc. 23, “CMSO”).

The parties are in agreement with their

request to extend all of the deadlines in the CMSO with the exception of Defendant’s
expert disclosures. Doc. 38 at 1. Plaintiff opposes Defendant’s request to extend
Defendant’s expert disclosure deadline. Docs. 36, 38. The parties request that the
Court extend the deadline for completing discovery until 120 days after the
determination of Plaintiff’s Motion to Compel (Doc. 34). Docs. 36, 37. The discovery

deadline currently is set for January 18, 2016. Doc. 23. The parties also request
that the Court extend the remaining deadlines by 120 days. Docs. 36 at 7; 37 at 4.
Defendant also requests an extension of 60-90 days to allow its proposed expert
enough time to review the documents in the underlying matter and form an opinion.
Doc. 37 at 4. Plaintiff opposes this request because Plaintiff disclosed its experts by
its deadline of September 14, 2015.

Doc. 36 at 7.

Plaintiff also contends that

requiring Defendant to disclose its experts by the current deadline will expedite this
case.

Id.

Additionally, Plaintiff states that Defendant has known since the

scheduling order was entered that the expert reports were due on October 16, 2015.
Doc. 38.
The Court finds good cause to grant the requested extension including
Defendant’s expert disclosures. While the Court recognizes Plaintiff’s opposition,
the Court does not find that Plaintiff would be prejudiced by allowing Defendant
additional time to disclose its experts.

To the extent there is any prejudice to

Plaintiff, the Court also will extent Plaintiff’s disclosure deadline to help alleviate
that prejudice. The Court, however, is not inclined to extend the deadlines by 120
days from the date of an Order on the motion to compel. The Court will extend the
deadlines in the CMSO by 90 days from the current deadlines.
The parties also request to be excused from mediation. Doc. 36 at 5. Plaintiff
contends that mediation will not be successful because the constitutionality of the
statute under which Plaintiff recorded its hospital claim is pending before the Second
District Court of Appeals. Doc. 36 at 5. Until that issue is decided, it is Plaintiff’s

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position that mediation would not be fruitful. Id. Local Rule 9.03 allows the Court
to withdraw a civil action from mediation if it determines that the case if not suitable
for mediation. M.D. Fla. 9.03(c). In this case, however, the Court is not inclined to
excuse the parties from mediation. The Court will extend the deadline, along with
the remaining deadlines in the CMSO but the parties still are required to attend
mediation.
ACCORDINGLY, it is hereby
ORDERED:
1.

Plaintiff’s Motion for Relief from Case Management and Scheduling

Order and for Extension of Case Management and Scheduling Deadlines and to
Withdraw this Case from Mediation (Doc. 36) is GRANTED in part and DENIED in
part.
2.

Nationwide Insurance Company of America’s Motion for Relief from

Case Management and Scheduling Order (Doc. 37) is GRANTED in part and
DENIED in part.
3.

The deadlines in the Case Management and Scheduling Order (Doc. 23),

including the expert disclosures deadlines will be extended by 90 days.
4.

The Clerk is directed to enter an Amended Case Management and

Scheduling Order.
5.

The parties request to be excused from mediation is DENIED.

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DONE and ORDERED in Fort Myers, Florida on this 5th day of November,
2015.

Copies:
Counsel of record

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