Hernandez v. Dyck-O'Neal, Inc. et al

Filing 38

ORDER re 36 Response filed by Jessica Hernandez. The mediation deadline is extended to March 3, 2017, at 11:00 A.M. The Amended Case Management and Scheduling Order will control the subsequent course of this case. See order for details. Signed by Judge Sheri Polster Chappell on 1/31/2017. (LMF)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION JESSICA HERNANDEZ, on behalf of themselves and all others similarly situated Plaintiff, v. Case No: 2:15-cv-337-FtM-38MRM DYCK-O’NEAL, INC. and LAW OFFICES OF DANIEL C. CONSUEGRA, P.L., Defendants. / ORDER1 This matter comes before the Court on the parties’ Joint Notice to Court as to the Status of Mediation (Doc. #36) filed January 27, 2017. The Case Management and Scheduling Order set the mediation for January 18, 2017, which the parties missed. In response to the Court’s Order to Show Cause, they explain they “have largely taken no action on this matter in the hopes of having a final ruling by the Florida Supreme Court [on a pertinent jurisdictional issue] but such a ruling does not appear to be coming anytime soon.” (Doc. #36). The parties, therefore, scheduled mediation for March 3, 2017. (Doc. #37). 1 Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or websites. These hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. By allowing hyperlinks to other websites, this Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their websites. Likewise, the Court has no agreements with any of these third parties or their websites. The Court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court. The Court will permit the new mediation deadline and amend the Case Management and Scheduling Order accordingly. But, the parties are reminded that the deadlines in the Case Management Scheduling Order are not mere suggestions that can be ignored. The parties also may not sua sponte extend deadlines without the Court’s permission. Going forward, the parties should not expect leniency with the deadlines set and procedural oversights. Accordingly, it is now ORDERED: (1) The mediation deadline is extended to March 3, 2017, at 11:00 A.M.2 (2) The following Amended Case Management and Scheduling Order will control the subsequent course of this case: Mediation Deadline March 3, 2017 Dispositive Motions, Daubert Motions, and Markman Motions Meeting In Person to Prepare Joint Final Pretrial Statement March 17, 2017 June 23, 2017 Joint Final Pretrial Statement (including joint-proposed jury instructions and verdict form, case-specific voir dire questions, witness lists, and exhibit lists, all of which must also be emailed in Microsoft Word® format to Judge Chappell's inbox) July 14, 2017 All Other Motions (including motions in limine) and Trial Briefs (non-jury trials) July 14, 2017 Final Pretrial Conference Date: Time: Judge: 2 July 28, 2017 9:30 AM The Honorable Sheri Polster Chappell The Court reminds the parties that they must participate in mediation, in a good faith effort, in order to minimize pretrial procedures and secure the just, speedy, and inexpensive determination of this action. 2 Trial Term Begins August 1, 2017 9:00 A.M. Note: Trials before a Magistrate Judge begin on a date certain. Estimated Length of Trial 3 days Jury/Non Jury Jury DONE and ORDERED in Fort Myers, Florida this 31st day of January 2017. Copies: All Parties of Record 3

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