Safeco Insurance Company of Illinois et al v. Tremblay et al

Filing 36

ORDER granting 35 The Joint Motion for an Extension of Time for Preliminary Pretrial Conference Hearing. A Preliminary Pretrial Conference scheduled on January 25, 2017 is cancelled. An Order setting a new Preliminary Pretrial Conference will be issued separately. Signed by Magistrate Judge Carol Mirando on 1/18/2017. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SAFECO INSURANCE COMPANY
OF ILLINOIS and SAFECO
INSURANCE COMPANY OF
AMERICA,
Plaintiffs,
v.

Case No: 2:16-cv-837-FtM-38CM

JOSEPH A. TREMBLAY, CODY
JAMES MORRISON, ROMARRIO
ANTHONY SCOTT, RAQUEL
MARIA NUNEZ, JULIE LIPPSON
and SETH LIPPSON,
Defendants.
ORDER
This matter comes before the Court upon review of the Joint Motion for an
Extension of Time for Preliminary Pretrial Conference Hearing (Doc. 35) filed on
January 16, 2017.

Plaintiffs and Defendants Cody Morrison and Joseph A.

Tremblay (“Tremblay”) seek to reschedule the Preliminary Pretrial Conference
(“PPTC”) scheduled on January 25, 2017 because Tremblay is traveling on the west
coast of the United States and will not return to Florida until mid-February. 1 Doc.
35 at 2.

Furthermore, the parties allege that Defendant Romarrio Anthony Scott,

who has been served, has not appeared in this matter or filed a responsive pleading.

Plaintiffs initiated this action by filing a petition for declaratory judgment on
November 16, 2016. Doc. 1. Tremblay filed an Answer on December 7, 2016. Doc. 14.
One day later, Plaintiffs filed an Amended Complaint on December 8, 2016. Doc. 10.
1

Id. The parties also state that Defendant Seth Lippson is in the process of being
served, and Defendant Julie Lippson has not yet been served.

Id.

Under Local Rule 3.05(c)(2)(D), the Court either schedules a PPTC or enter a
Case Management and Scheduling Order upon receipt of the parties’ Case
Management Report.

M.D. Fla. R. 3.05(c)(2)(D).

Rule 16(b)(2) of the Federal Rules

of Civil Procedure mandates the Court to issue the scheduling order “within the
earlier of 90 days after any defendant has been served with the complaint or 60 days
after any defendant has appeared” unless the Court finds good cause for delay.
R. Civ. P. 16(b)(2).

Fed.

“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 finds good cause to reschedule the PPTC.

In order to provide

all defendants an opportunity to respond to the Amended Complaint (Doc. 10) and to
appear at a PPTC, the Court will cancel the PPTC scheduled on January 25, 2017
and set a new PPTC in February.
ACCORDINGLY, it is hereby
ORDERED:
1.

The Joint Motion for an Extension of Time for Preliminary Pretrial

Conference Hearing (Doc. 35) is GRANTED.

-2-

2.
cancelled.

A Preliminary Pretrial Conference scheduled on January 25, 2017 is
An Order setting a new Preliminary Pretrial Conference will be issued

separately.
DONE and ORDERED in Fort Myers, Florida on this 18th day of January,
2017.

Copies:
Counsel of record
Unrepresented parties

-3-