Primo Broodstock, Inc. v. American Mariculture, Inc. et al

Filing 354

ORDER granting parties' request re 353 Case Management Report, cancelling trial date previously scheduled on May 21, 2021; Trial (date certain) rescheduled to commence on November 1, 2021; Pre-Trial Conference rescheduled on October 26, 2021 at 10:00 A.M.; and Motions in Limine and Joint Pre-Trial Statement may be submitted by October 8, 2021. Signed by Judge John E. Steele on 3/10/2021. (TLP)

Case 2:17-cv-00009-JES-NPM Document 354 Filed 03/10/21 Page 1 of 3 PageID 7456

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

TB FOOD USA, LLC, a
Delaware Limited Liability
Company,
Plaintiff,
v.

CASE NO. 2:17-cv-9-FtM-29NPM

AMERICAN MARICULTURE, INC.,
a Florida Corporation,
AMERICAN PENAEID, INC., a
Florida Corporation, and
ROBIN PEARL,
Defendants.
AMERICAN MARICULTURE, INC.,
a Florida Corporation,
Counter-Plaintiff,
v.
PB LEGACY, INC., a Texas
Corporation, KENNETH GERVAIS,
and RANDALL AUNGST,
Counter/Third-Party
Defendants.

ORDER
This matter comes before the Court on PB Legacy, TB Foods
USA, LLC, American Mariculture Inc., and Robin Pearl’s Joint Report
to the Court Following Case Management Conference (Doc. #353) filed
on March 5, 2021. On February 26, 2021, the Court conducted a case
management

conference

with

the

parties,

during

which

issues

Case 2:17-cv-00009-JES-NPM Document 354 Filed 03/10/21 Page 2 of 3 PageID 7457

related to the trial date of May 21, 2021 were discussed with
respect to COVID-19, among other things.

See (Doc. #352.)

At the

conclusion of the conference, the Court requested that the parties
meet and confer as to whether the trial in this matter should
proceed as scheduled in May 2021, or alternatively, in November
2021.

In the Joint Report, counsel for the respective parties

state they have agreed that, in an abundance of caution, they would
prefer to reschedule the trial to early November 2021, with ten
days allotted for trial, and that the deadlines set in the Court’s
Amended Order of November 18, 2020 which have not yet expired be
reset.
Accordingly, it is hereby
ORDERED:
1. The parties’ request for a new trial date in this matter as
set forth in their Joint Report is hereby granted.
2. The trial date scheduled in this matter on May 21, 2021, is
hereby cancelled and is rescheduled to commence on November
1, 2021 at 9:00 A.M., with the final pre-trial conference
scheduled on October 26, 2021 at 10:00 A.M.
3. The Court’s November 18, 2020 Amended Order (Doc. #338) is
further amended as follows:
a. Motions In Limine: Friday, October 8, 2021
b. Joint Final Pre-trial Conference: Friday, October 8,
2021

Case 2:17-cv-00009-JES-NPM Document 354 Filed 03/10/21 Page 3 of 3 PageID 7458

c. Final Pre-trial Conference: Thursday, October 21,
2021
d. Trial (Date Certain): Monday, November 1, 2021 at
9:00 A.M. (estimated length of trial 9 to 10 days).
DONE and ORDERED at Fort Myers, Florida, this
March, 2021.

Copies:
Counsel of Record

10th

day of