Kennedy v. Baldwin

Filing 27

ORDER granting 26 Defendant's Request to Extend Mediation Deadline. The parties shall have up to and including April 28, 2017 to complete mediation. Signed by Magistrate Judge Carol Mirando on 3/28/2017. (LS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PATRICIA KENNEDY, individually
Plaintiff,
v.

Case No: 2:16-cv-358-FtM-38CM

J.B. BALDWIN,
Defendant.
ORDER
This matter comes before the Court upon review of Defendant’s Request to
Extend Mediation Deadline (Doc. 26) filed on March 23, 2017. Plaintiff brought this
lawsuit pursuant to the Americans with Disabilities Act (“ADA”). On October 18,
2016, the Court entered a ADA Title III Scheduling Order directing the parties to
mediate this case before a mediator of their choice no later than January 16, 2017.
Doc. 16 at 2. Since then, the Court has twice extended this mediation deadline based
on unopposed requests by Defendant. Docs. 23, 25. The parties’ current mediation
deadline is March 28, 2017. Doc. 25.
In granting the previous extension, the Court relied on Defendant’s
representation that it had recently employed an experienced ADA expert, ADA
Compliance Specialists, Inc., from Miami Beach, Florida, and scheduled an inspection
of the subject property, but it needed additional time to receive back the expert’s
report before mediation could take place. Doc. 24. Now, Defendant informs the
Court that due to the significant number of ADA cases filed in the Middle and

Southern Districts of Florida, the ADA expert is backlogged, and then recently was
hospitalized, such that he has not been able to complete the report in time for the
parties to mediate by March 28, 2017. Doc. 26 at 1-2. Defendant expects that it
could receive, and would be able to analyze, the expert’s report and complete
mediation by April 28, 2017.
Although Defendant’s motion states that Plaintiff objects to the extension, the
parties’ mediation deadline is today and Plaintiff has filed no response in opposition.
Accordingly, the Court will grant the requested extension without the benefit of a
response to allow the parties to coordinate their efforts at scheduling mediation.
Defendant is warned, however, that the Court is not inclined to entertain further
requests for extension absent extenuating circumstances.
ACCORDINGLY, it is hereby
ORDERED:
Defendant’s Request to Extend Mediation Deadline (Doc. 26) is GRANTED.
The parties shall have up to and including April 28, 2017 to complete mediation.
DONE and ORDERED in Fort Myers, Florida on this 28th day of March, 2017.

Copies:
Counsel of record

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