Landmark American Insurance Company v. North Captiva Island Club, Inc. et al

Filing 64

ORDER granting in part and denying in part 63 Joint Motion for Extension of Time of the Case Management and Scheduling Order. An Amended Case Management and Scheduling Order will be entered under separate cover. The parties shall have up to and including May 19, 2017 to file a stipulation selecting a mediator for this case. See Order for details. Signed by Magistrate Judge Carol Mirando on 5/4/2017.(LS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LANDMARK AMERICAN
INSURANCE COMPANY,
Plaintiff,
v.

Case No: 2:16-cv-582-FtM-99CM

NORTH CAPTIVA ISLAND CLUB,
INC., JANE DOE #1 and JANE
DOE #2,
Defendants/Third
Party Plaintiff
JANE DOE #1, JANE DOE #2,
LANDMARK AMERICAN
INSURANCE COMPANY and
SCOTTSDALE INSURANCE
COMPANY,
Third Party Defendants.
_________________________________/
ORDER
This matter comes before the Court upon review of the Joint Motion for
Extension of Time of the Case Management and Scheduling Order (Doc. 63) filed on
April 27, 2017.

The parties seek to extend all existing Case Management and

Scheduling Order deadlines by approximately ninety (90) days. Doc. 63 at 5. For
the reasons stated in the motion, the Court finds good cause to grant the extensions.
The parties also advise that they have scheduled a mediation in their
underlying state court action 1 with Mediator Steven Brannan for June 26, 2017.

1

Jane Doe #1 et. al. v. N. Captiva Island Club, Inc. et. al., Case No. 16-CA-002065, in

Doc. 63-1 at 1. The parties request that the mediation requirements in this matter
be recognized satisfied upon all parties to this action attending and mediating the
claims in this action, in good-faith, in tandem with those claims comprising the
underlying action. Doc. 63 at 5. Although the Court would be inclined to grant the
parties’ request for the reasons stated in their motion, Mediator Steven Brannan is
not on the Middle District of Florida’s List of Certified Mediators. 2

The Court

requires that mediation be conducted by a Court certified mediator. M.D. Fla. R.
9.01(a). Accordingly, the Court will deny this request without prejudice. Should
the parties wish to reschedule their mediation in the underlying state court action
with a Middle District of Florida certified mediator, they may renew their motion.
Otherwise, the parties shall have fourteen days from the date of this Order to file a
stipulation selecting a mediator for this case.
ACCORDINGLY, it is hereby
ORDERED:
1. Joint Motion for Extension of Time of the Case Management and
Scheduling Order (Doc. 63) is GRANTED in part and DENIED without
prejudice in part.
2. An Amended Case Management and Scheduling Order will be entered
under separate cover.
3. The parties shall have up to and including May 19, 2017 to file a stipulation
selecting a mediator for this case.
the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida.
2 See https://www.flmd.uscourts.gov/mediator/pub/MediatorList.cfm

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DONE and ORDERED in Fort Myers, Florida on this 4th day of May, 2017.

Copies:
Counsel of record

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