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

Filing 80

ORDER granting 77 Plaintiff's Second Motion to Extend Trial Date and Other Deadlines in Case Management and Scheduling Order (Doc. 77). See Order for details. Signed by Magistrate Judge Carol Mirando on 9/27/2016. (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 Plaintiff's Second Motion
to Extend Trial Date and Other Deadlines in Case Management and Scheduling
Order (Doc. 77) filed on September 8, 2016. Defendants Stock Development, LLC,
Brian Stock, and R.L.R. Investments, LLC, do not oppose the requested relief. Doc.
77 at 1 n.1. Defendants Eagles Landing Villas at Golden Ocala and LLC, Golden
Ocala Golf & Equestrian Club Management, LLC have not responded to the motion,
and time to do has expired. Id. The matter is ripe for review.
On December 24, 2015, the Court issued a Case Management and Scheduling
Order (“CMSO”) setting the deadline for motions to add parties or to amend pleadings
to May 2, 2016, the discovery deadline to September 1, 2016, the deadline for
dispositive motions, Daubert, and Markman motions to November 1, 2016, and a trial

term of February 6, 2017. Doc. 48. Plaintiff seeks to extend the CMSO deadlines
by at least four (4) months because this case is complex in nature and involves large
volumes of documents to be exchanged and reviewed.

Doc. 69 at 3-4.

Plaintiff

states that the parties could not meet the CMSO deadlines despite their exercise of
great diligence. Id. at 3. The record also reveals that the CMSO deadlines have not
been extended or altered since the Court entered the CMSO on December 24, 2015. 1
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 grants Plaintiff’s motion to extend (Doc. 77) because Plaintiff
demonstrates good cause and all of Defendants do not oppose the requested relief. 2
The Court also recognizes that the CMSO deadlines have not been extended or altered

On July 7, 2016, Plaintiff filed an Emergency Motion to Extend Expert Report
Disclosure Deadline (Doc. 64), which the Court denied without prejudice. Doc. 65. Plaintiff
filed a Motion to Extend Trial Date and Other Deadlines (Doc. 69) on July 15, 2016, and
Defendants Stock Development, LLC, and Brian Stock also filed a Motion to Extend Trial
Date and Other Deadlines in CMSO (Doc. 72) on August 11, 2016. The Court denied without
prejudice both motions on August 30, 2016. Doc. 74 at 28.
1

By not responding to this motion (Doc. 77), Defendants Eagles Landing Villas at
Golden Ocala, LLC and Golden Ocala Golf & Equestrian Club Management, LLC waive their
objections and create a presumption that Plaintiff’s motion to extend the deadlines (Doc. 77)
is unopposed. Great Am. Assur. Co. v. Sanchuk, LLC, No. 8:10-cv-2568-T-33AEP, 2012 WL
195526, at *3 (M.D. Fla. Jan. 23, 2012).
2

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before. Given the length of the extension granted here, the Court expects the parties
to continue exercising their diligence in meeting the extended deadlines.

The

parties’ continued diligence and coordination also will eliminate the parties’ future
need to file additional motions to extend the deadlines.
ACCORDINGLY, it is hereby
ORDERED:
1.

Plaintiff's Second Motion to Extend Trial Date and Other Deadlines in

Case Management and Scheduling Order (Doc. 77) is GRANTED.
2.

An amended case management and scheduling order will be issued under

separate cover.
DONE and ORDERED in Fort Myers, Florida on this 27th day of September,
2016.

Copies:
Counsel of record

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