PK Studios, Inc. v. R.L.R. Investments, LLC et al

Filing 110

ORDER denying without prejudice 96 Plaintiff's Motion to Compel Mediation on Date Certain, or Alternatively, Request for Related Relief, and Memorandum in Support. Plaintiff's counsel, Gregory N. Woods, shall have up to and including January, 2, 2017 to find a mutually agreeable mediation date for all parties and to notify the Court. Signed by Magistrate Judge Carol Mirando on 12/27/2016. (LS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PK STUDIOS, INC.,
Plaintiff,
v.

Case No: 2:15-cv-389-FtM-99CM

R.L.R. INVESTMENTS, LLC,
EAGLES LANDING VILLAS AT
GOLDEN OCALA, LLC, GOLDEN
OCALA GOLF & EQUESTRIAN
CLUB MANAGMENT, LLC,
STOCK DEVELOPMENT, LLC
and BRIAN STOCK,
Defendants.
ORDER
This matter comes before the Court upon review of Plaintiff's Motion to Compel
Mediation on Date Certain, or Alternatively, Request for Related Relief, and
Memorandum in Support (Doc. 96) filed on December 15, 2016. Defendants Stock
Development, LLC and Brian Stock agree to the requested relief and also filed a
Notice of Joinder in Plaintiff’s motion to compel mediation on December 20, 2016.
Docs. 96 at 3, 100. Plaintiff seeks to compel the parties to attend a mediation on
January 24, 2017.

Id. at 1.

On September 27, 2016, the Court entered an Amended Case Management and
Scheduling Order (“CMSO”) setting the discovery mediation to February 10, 2017,
the mediation deadline to February 17, 2017, the deadline for dispositive motions to
March 31, 2017, and a trial term of July 3, 2017.

Doc. 81. Plaintiff argues that

despite the parties’ continuous efforts to find an agreeable date for mediation, they
could not agree upon a date.

Doc. 96 at 2. Plaintiff asserts that all of the parties’

counsel, except counsel for Defendants Eagles Landing Villas at Golden Ocala, LLC
and Golden Ocala Golf & Equestrian Club Management, LLC, agreed to mediate on
January 24, 2016.

Id. Plaintiff also notes that extending the mediation deadline

will not be helpful because counsel for Defendants Stock Development, LLC and
Brian Stock are unavailable from February to July 2017 due to a three-month trial.

Id. at 3.
Local Rule 3.01(g) requires that each motion filed in a civil case, with certain
enumerated exceptions not at issue here, contain a statement “stating whether
counsel agree on the resolution of the motion,” and further provides that a statement
to the effect that counsel for the moving party attempted to confer with counsel for
the opposing party but counsel was unavailable is “insufficient to satisfy the parties’
obligation to confer.”

M.D. Fla. R. 3.01(g).

comply with Local Rule 3.01(g).

Here, the present motion does not

Although Plaintiff and Defendants Stock

Development, LLC and Brian Stock state that they have conferred and reached an
agreement regarding the requested relief, the motion does not confirm whether they
have conferred with Defendants R.L.R. Investment, LLC, Eagles Landing Villas at
Golden Ocala, LLC, and Golden Ocala Golf & Equestrian Club Management, LLC
regarding the requested relief.

Doc. 96.

In addition, given the parties’ scheduling conflicts, the Court will designate
Plaintiff’s counsel, Gregory N. Woods, as lead counsel who shall be responsible for

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coordinating a mediation date before the mediation deadline of February 17, 2017.
The counsel shall have up to and including January 2, 2017 to find a mutually
agreeable mediation date for all parties and to notify the Court. The Court reminds
the parties that motions for an extension of the CMSO deadlines are disfavored and
“[t]he filing of a motion for extension of time does not toll the time for compliance with
deadlines.”

Doc. 48 at 4.

ACCORDINGLY, it is hereby
ORDERED:
1.

Plaintiff's Motion to Compel Mediation on Date Certain, or Alternatively,

Request for Related Relief, and Memorandum in Support (Doc. 96) is DENIED
without prejudice.
2.

Plaintiff’s counsel, Gregory N. Woods, shall have up to and including

January, 2, 2017 to find a mutually agreeable mediation date for all parties and to
notify the Court.
DONE and ORDERED in Fort Myers, Florida on this 27th day of December,
2016.

Copies:
Counsel of record

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