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)

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).

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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:

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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.

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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

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