Fontanez v. Federal Express Corporation

Filing 24

ORDER granting in part and denying in part 23 Joint Motion to Extend Discovery and Dispositive Motion Deadline [sic]. An amended case management and scheduling order will be issued by separate order. Signed by Magistrate Judge Carol Mirando on 10/6/2017. (KBR)

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

Case No: 2:16-cv-900-FtM-38CM

FEDERAL EXPRESS
CORPORATION,
Defendant.
ORDER
This matter comes before the Court upon review of the parties’ Joint Motion to
Extend Discovery and Dispositive Motion Deadline [sic] (Doc. 23) filed on September
13, 2017.

The parties seek to extend deadlines for conducting discovery from

October 16, 2017 to December 1, 2017 and filing dispositive motions from November
30, 2017 to February 2, 2018. Doc. 23 at 1-2. The parties also wish to delay the
trial until the Court rules on any dispositive motions. Id. at 2. In support of the
motion, counsels allege conflicts with various scheduled appointments and hardships
stemming from Hurricane Irma. Id.
On March 29, 2017, the Court entered a Case Management and Scheduling
Order (“CMSO”), setting the deadline for discovery to October 16, 2017, the deadline
for mediation to October 31, 2017, and the deadline for dispositive motions to
November 30, 2017. Doc. 20 at 1-2. The CMSO further set the deadline for the
parties to meet to prepare a final pretrial statement to January 19, 2018 and the

deadline for the final pretrial statement and all other motions to February 2, 2018.

Id. at 2. The final pretrial conference currently is scheduled for February 23, 2018
with a trial term of March 5, 2018. Id.
Rule 16 requires a showing of good cause for modification of a court’s
scheduling order. Fed. R. Civ. P. 16(b)(4). Here, the Court finds good cause to grant
in part the requested extension based on the parties’ representations. See Doc. 20.
Furthermore, this is the first extension of the CMSO deadlines, and both parties
agree to the extension. Id. at 1. Accordingly, the Court will provide the parties with
sixty (60) day extensions to the deadlines for discovery and dispositive motions.
Moreover, the court will sua sponte extend the remaining deadlines to accommodate
the requested extensions. The Court expects the parties to exercise their diligence
in meeting the extended deadlines to avoid the need to file additional motions for
extension.
ACCORDINGLY, it is hereby
ORDERED:
1. Joint Motion to Extend Discovery and Dispositive Motion Deadline [sic]
(Doc. 23) is GRANTED IN PART.
2. An amended case management and scheduling order will be issued by
separate order.

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DONE and ORDERED in Fort Myers, Florida on this 6th day of October, 2017.

Copies:
Counsel of record

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