Bernath v. Seavey

Filing 224

ORDER granting 221 Defendants' Time Sensitive Motion to Extend Case Management and Scheduling Order Deadlines, Waive in Person Meeting for Preparation of Joint Final Pretrial Statement, and for Leave to File Separate Final Pretrial Statemen t. Final Pretrial Conference set for 8/25/2017 at 09:30 AM in Ft. Myers Courtroom 5D before Judge Sheri Polster Chappell, Jury Trial term set for 9/5/2017 in Ft. Myers Courtroom 5D before Judge Sheri Polster Chappell. See Order for more details. Signed by Magistrate Judge Carol Mirando on 5/13/2017. (LS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DANIEL A. BERNATH,
Plaintiff,
v.

Case No: 2:15-cv-358-FtM-99CM

MARK CAMERON SEAVEY,
Defendant.
ORDER
This matter comes before the Court upon review of Defendants’ Time Sensitive
Motion to Extend Case Management and Scheduling Order Deadlines, Waive in
Person Meeting for Preparation of Joint Final Pretrial Statement, and for Leave to
File Separate Final Pretrial Statement (Doc. 221) filed on May 11, 2017.
The Court’s Second Amended Case Management and Scheduling Order
mandates that the parties meet in person to prepare a joint final pretrial statement
by May 15, 2017. Doc. 203 at 1. The parties also must submit a joint final pretrial
statement by May 29, 2017, attend a final pretrial conference on June 23, 2017, and
be ready for trial on July 3, 2017. Id. Defendants seek an extension of the case
management and scheduling order deadlines, waiver of the in-person meeting
required for preparation of a joint final pretrial statement, and leave to file a separate
final pretrial statement. Doc. 221 at 1.
District courts have broad discretion in managing their cases. Chrysler Int’l

Corp. v. Chemaly, 280 F.3d 1358, 1360 (11th Cir. 2002). Rule 16 of the Federal Rules

of Civil Procedures requires a showing of good cause for modification of a court’s
scheduling order. Fed. R. Civ. P. 16(b)(4). “This good cause standard precludes
modification unless the schedule cannot be met despite the diligence of the party
seeking the extension.” Sosa v. Airprint Sys., Inc., 133 F. 3d 1417, 1418 (11th Cir.
1998) (internal quotations and citations omitted). Upon review of the motion, the
Court finds good cause to grant the requested relief.
ACCORDINGLY, it is hereby
ORDERED:
1. Defendants’ Time Sensitive Motion to Extend Case Management and
Scheduling Order Deadlines, Waive in Person Meeting for Preparation of
Joint Final Pretrial Statement, and for Leave to File Separate Final
Pretrial Statement (Doc. 221) is GRANTED.
2. The Court waives the requirement that the parties meet in person to
prepare the Final Pretrial Statement.
3. The parties shall have up to and including July 24, 2017 to file individual
Final Pretrial Statements 1 (Including a Single Set of Proposed Jury
Instructions and Verdict Form (a Word or WordPerfect version should also
be e-mailed to the Chambers e-mail address), Voir Dire Questions,
Witnesses Lists, and Exhibit Lists on Approved Form).

Defendants shall file a Joint Final Pretrial Statement. Plaintiff may file a Separate
Final Pretrial Statement.
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4. The parties shall have up to and including July 24, 2017 to file all other
motions, including motions in limine, and trial briefs.
5. The parties shall attend the Final Pretrial Conference on August 25, 2017
at 9:30 AM before the Honorable Sheri Poslter Chappell.
6. The trial term is scheduled for September 5, 2017, for an estimated jury
trial length of 3 days.
DONE and ORDERED in Fort Myers, Florida on this 13th day of May, 2017.

Copies:
Counsel of record

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