Nunez v. Rich Dad Education, Inc.

Filing 18

ORDER granting 16 Joint Motion to Extend Deadlines in Case Management and Scheduling Order and to Change Mediator Selection. Signed by Magistrate Judge Carol Mirando on 2/1/2017. (LS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
RONALD NUNEZ, an individual
Plaintiff,
v.

Case No: 2:15-cv-768-FtM-29CM

RICH DAD EDUCATION, INC.,
Defendant.
ORDER
This matter comes before the Court upon review of Joint Motion to Extend
Deadlines in Case Management and Scheduling Order and to Change Mediator
Selection (Doc. 16) filed on January 20, 2017.
On December 9, 2015, Plaintiff filed this action against his former employer,
Rich Dad Education, Inc. (“Defendant”), alleging six causes of action under the
Family and Medical Leave Act, the Americans with Disabilities Act, and the Florida
Civil Rights Act.

Doc. 1.

On March 21, 2016, the Court entered a Case

Management and Scheduling Order (“CMSO”) setting forth various case deadlines.
Doc. 25.

Currently, the parties’ discovery deadline is March 31, 2017 and their

mediation deadline is April 19, 2017. Id. at 1.
On September 28, 2016, Plaintiff’s wife, Gwyndolyn Nunez, filed a separate
action against Defendant in the Middle District of Florida, Fort Myers Division, in
the case styled Nunez v. Rich Dad Education, Inc. et al, Case No. 2:16-cv-00736-UAMRM. Id. at 2. Plaintiff and his wife are represented by the same counsel in both

cases, and Defendant is represented by the same counsel in both cases. Id. The
court in Ms. Nunez’s case recently entered a CMSO providing the parties there until
October 19, 2017 to complete mediation. Id. Plaintiff and Defendant believe that
the possibility of reaching settlement would be increased by mediating the instant
case and Ms. Nunez’s case concurrently, so as to save attorneys’ fees and costs and
allow for joint consideration of various issues affecting Plaintiff, Ms. Nunez, and
Defendant.

Id. at 2.

To accomplish this, the parties seek to extend the case

deadlines by sixty days so as to permit Ms. Nunez to engage in written discovery
before mediation. 1

Id. The parties also seek permission to mediate this matter

concurrently with Ms. Nunez’s case, and to change their mediator selection from
James Nulman to Denise Wheeler. Id. Based on the parties’ representations, the
Court finds good cause to grant the motion.
ACCORDINGLY, it is hereby
ORDERED:
Joint Motion to Extend Deadlines in Case Management and Scheduling Order
and to Change Mediator Selection (Doc. 16) is GRANTED.

An amended case

management and scheduling order will be filed under separate cover.

The Court notes that the parties have filed a Notice of Mediation, advising that mediation
is scheduled on February 7, 2017 before Denise Wheeler, Esq.
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DONE and ORDERED in Fort Myers, Florida on this 1st day of February,
2017.

Copies:
Counsel of record

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