United States of America et al v. Institute of Cardiovascular Excellence, PLLC et al

Filing 83

ORDER granting in part and denying in part 82 Motion to extend time. Signed by Magistrate Judge Thomas B. Smith on 12/11/2015. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
UNITED STATES OF AMERICA and
ROBERT A. GREEN,
Plaintiffs,
v.

Case No: 5:11-cv-406-Oc-37TBS

INSTITUTE OF CARDIOVASCULAR
EXCELLENCE, PLLC, ICE HOLDINGS,
PLLC, ASAD ULLAH QAMAR and
HUMERA A. QAMAR,
Defendants.
ORDER
This case comes before the Court on Defendants’ Unopposed Motion and
Incorporated Memorandum to Extend the Time for Responsive Pleadings, to Extend
Discovery Deadlines, and to Continue Trial Date (Doc. 82). Defendants’ answers to
Plaintiffs’ and Intervenor’s complaints are currently due by February 1, 2016 (Doc. 82 at
1). The Court has entered a Case Management and Scheduling Order (“CMSO”)
establishing the following additional deadlines:
Disclosure of Expert Reports

February 18, 2016

Discovery Deadline

May 6, 2016

Mediation

May 27, 2016

Dispositive and Daubert Motions

June 6, 2016

All other Motions

September 29, 2016

Joint Final Pretrial Statement

October 2, 2016

Final Pretrial Conference

October 20, 2016

Trial Term Begins

November 7, 2016

(Doc. 65). Defendants seek an order extending all deadlines for three months to give the
parties time to negotiate a resolution of this controversy and related proceedings. They
argue that granting the motion will conserve the parties’ resources and promote judicial
economy if they are able to settle in advance of the proposed new deadlines (Doc. 82).
The CMSO states:
1. Dispositive Motions Deadline and Trial Not Extended Motions to extend the dispositive motions deadline or to
continue the trial are generally denied. See Local Rule
3.05(c)(2)(E). The Court will grant an exception only when
necessary to prevent manifest injustice. A motion for a
continuance of the trial is subject to denial if it fails to comply
with Local Rule 3.09. The Court cannot extend a dispositive
motion deadline to the eve of trial. In light of the district
court’s heavy trial calendar, at least four months are required
before trial to receive memoranda in opposition to a motion for
summary judgment, and to research and resolve the
dispositive motion.
2. Extensions of Other Deadlines Disfavored – Motions for an
extension of other deadlines established in this order,
including motions for an extension of the discovery period, are
disfavored. The deadline will not be extended absent a
showing of good cause. Fed. R. Civ. P. 16(b); Local Rule
3.09(a). Failure to complete discovery within the time
established by this Order shall not constitute cause for
continuance. A motion to extend an established deadline
normally will be denied if the motion fails to recite that: 1) the
motion is joint or unopposed; 2) the additional discovery is
necessary for specified reasons; 3) all parties agree that the
extension will not affect the dispositive motions deadline and
trial date; 4) all parties agree that any discovery conducted
after the dispositive motions date established in this Order will
not be available for summary judgment purposes; and 5) no
party will use the granting of the extension in support of a
motion to extend another date or deadline. The filing of a
motion for extension of time does not toll the time for
compliance with deadlines established by Rule or Order.
(Doc. 65 at 5).

-2-

After due consideration, Defendant’s motion is GRANTED in part, and the parties
shall comply with the following new deadlines:
Disclosure of Expert Reports

May 18, 2016

Discovery Deadline

August 8, 2016

Mediation

August 6, 2016

Discovery conducted after the dispositive motions deadline will not be available for
summary judgment purposes.
Defendants have not shown why manifest injustice will result if the trial date and
deadlines for dispositive and Daubert motions are not extended. Accordingly, the
remainder of Defendants’ motion is DENIED.
DONE and ORDERED in Orlando, Florida on December 11, 2015.

Copies furnished to Counsel of Record

-3-