PK Studios, Inc. v. R.L.R. Investments, LLC et al
Filing
142
ORDER granting 141 the Joint Motion for Extension of Expert Deadlines Only and Memorandum in Support. See Order for details. Signed by Magistrate Judge Carol Mirando on 2/17/2017. (HJ)
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 the Joint Motion for
Extension of Expert Deadlines Only and Memorandum in Support (Doc. 141) filed on
February 16, 2017.
On February 7, 2017, the Court granted Plaintiff’s motion to substitute its
damages expert (Doc. 114) and allowed Plaintiff until February 14, 2017 to substitute
its damages expert and Defendants until March 16, 2017 to supplement their expert
disclosures under Rule 26(a) of the Federal Rules of Civil Procedure.
Doc. 131 at 11.
Given Plaintiff’s substitution of its damages expert, the Court also directed the
parties to file a joint motion to extend the CMSO deadlines.
Id. at 9-10.
In
response, the parties filed the present motion, seeking to extend their deadlines to
disclose expert reports only.
Doc. 141.
Specifically, the parties ask that
Defendants have until April 3, 2017 to serve responsive expert reports and May 2,
2017 to depose Plaintiff’s new damages expert, Lloyd J. Morgenstern, C.P.A.
Id. at
2.
On December 24, 2015, Senior United States District Judge John E. Steele
issued a Case Management and Scheduling Order (“CMSO”).
Doc. 48.
On
September 8, 2016, the Court entered an Amended CMSO, extending Plaintiff’s
deadline for disclosure of expert reports to October 28, 2016, Defendants’ deadline for
disclosure of expert reports to November 30, 2016, the discovery deadline to February
10, 2017, the mediation deadline to February 17, 2017, the deadline for dispositive
motions to March 31, 2017, and the trial term to commence on July 3, 2017.
Doc.
81.
District courts have broad discretion when managing their cases in order to
ensure that the cases move to a timely and orderly conclusion.
Chrysler Int’l Corp.
v. Chemaly, 280 F.3d 1358, 1360 (11th Cir. 2002). Rule 16 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).
Here, the Court will grant the requested extension because the parties show
good cause and the motion is unopposed.
The extended deadlines, however, are only
for Defendants to disclose responsive expert reports and to depose Plaintiff’s new
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damages expert.
Doc. 141.
This Order also does not affect the remaining
deadlines, including the deadline for dispositive motions and the trial term.
Doc. 81.
ACCORDINGLY, it is hereby
ORDERED:
1.
The Joint Motion for Extension of Expert Deadlines Only and
Memorandum in Support (Doc. 141) is GRANTED.
2.
Defendants shall have up to and including April 3, 2017 to disclose
responsive expert reports.
3.
Defendants shall have up to and including May 2, 2017 to depose
Plaintiff’s new damages expert, Lloyd J. Morgenstern, C.P.A.
4.
All other deadlines in the Amended Case Management and Scheduling
Order (Doc. 81) remain in effect.
DONE and ORDERED in Fort Myers, Florida on this 17th day of February,
2017.
Copies:
Counsel of record
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