Scolieri et al v. John Hancock Life Insurance Company (U.S.A.) et al

Filing 52

ORDER granting in part and denying in part 51 the Joint Motion to Postpone Deadline to Complete Mediation by 60 Days. The mediation deadline is extended to April 6, 2017. Signed by Magistrate Judge Carol Mirando on 2/22/2017. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ANGELO SCOLIERI and
KATHLEEN SCOLIERI, individually
and as Trustee of the Angelo Scolieri
Revocable Insurance Trust UTA
August 23, 2007
Plaintiffs,
v.

Case No: 2:16-cv-690-FtM-38CM

JOHN HANCOCK LIFE
INSURANCE COMPANY (U.S.A.)
and FIRST INSURANCE
FUNDING CORP.,
Defendants.
ORDER
This matter comes before the Court upon review of the Joint Motion to
Postpone Deadline to Complete Mediation by 60 Days (Doc. 51) filed on February 16,
2017.

The parties seek to extend the mediation deadline of February 20, 2017 by

sixty (60) days because Defendants filed motions to dismiss (Docs. 40, 41), and the
parties seek to mediate after the resolution of Defendants’ motions to dismiss.
51.

Doc.

On November 2, 2016, the Court entered a Case Management and Scheduling

Order setting the mediation deadline to February 20, 2017, the discovery deadline to
November 3, 2017, the deadline for dispositive motions to December 7, 2017, and a
trial term of May 7, 2018. Doc. 34 at 1-2.
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
demonstrate good cause and the motion is unopposed.

Doc. 51.

Given the needs of

this case, however, the Court finds that the extension of the mediation deadline by
forty-five (45) days instead of sixty (60) days as requested by the parties is sufficient.
ACCORDINGLY, it is hereby
ORDERED:
1.

The Joint Motion to Postpone Deadline to Complete Mediation by 60 Days

(Doc. 51) is GRANTED in part and DENIED in part.
2.

The mediation deadline is extended to April 6, 2017.

DONE and ORDERED in Fort Myers, Florida on this 22nd day of February,
2017.

Copies:
Counsel of record

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