Mattix v. The Pantry, Inc.

Filing 17

ORDER denying re 10 MOTION to compel filed by Stephen Mattix, granting in part 11 MOTION for protective order filed by The Pantry, Inc. See order for details. Plaintiff's expert inspection to occur during the first week of October 2012. Signed by Magistrate Judge Thomas E. Morris on 8/20/2012. (DLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
STEPHEN MATTIX,
Plaintiff,
vs.

CASE NO. 3:12-cv-475-J-34TEM

THE PANTRY, INC.,
Defendant.
___________________________________
ORDER
This case came before the Court on August 17, 2012 for a telephonic hearing1 on
Plaintiff’s Motion to Compel Compliance with Court Order (Doc. #10, Motion to Compel)
and Defendant’s Motion for Protective Order (Doc. #11). The Court heard argument from
counsel of record and made its rulings from the bench. This order enters for purposes of
clarity so there can be no misunderstanding between the parties.
As stated during the hearing, Plaintiff’s Motion to Compel Compliance with Court
Order (Doc. #10) is DENIED.

Defendant has set forth substantial justification for

noncompliance with the request set forth in the Motion to Compel.
Defendant’s Motion for Protective Order (Doc. #11) is GRANTED TO THE EXTENT
the Court will construe the motion as a request to modify the ADA Scheduling Order (Doc.
#4) to enlarge the time period within which Defendant shall permit Plaintiff’s counsel and
Plaintiff’s expert reasonable access to inspect that portion of the Defendant’s facility which
Plaintiff claims to be non-compliant. On the basis Defendant’s counsel represents re1

The non-transcribed recording of the hearing is hereby incorporated by reference.
The parties may contact the Courtroom Deputy of the undersigned if a transcript of the
hearing is desired.

mediation is currently underway at the allegedly offending facility, Kangaroo Express Store
#6295, 1091 Blanding Blvd., Orange Park, FL 32065, and is scheduled to be completed in
September, the Court finds an inspection while re-mediation is occurring would serve no
purpose. Therefore, the Court finds good cause to modify the scheduling order to permit
inspection by Plaintiff’s expert be delayed until the first week of October 2012. Prior to
September 30, 2012, counsel shall meet and confer and arrange a mutually agreeable
date and time for the inspection by Plaintiff’s expert during the first week of October
2012. To the extent Defendant’s Motion for Protective Order seeks other relief, the motion
is DENIED.
DONE AND ORDERED at Jacksonville, Florida this 20th day of August, 2012.

Copies to:
Counsel of record
The Hon. James R. Klindt
The Hon. Joel B. Toomey
The Hon. Monte C. Richardson

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