Cottam v. City of Wildwood et al

Filing 102

ORDER granting in part 93 Plaintiff's Motion for Extension of Time to Complete Discovery: Discovery is extended until October 27, 2017; and granting in part 99 Plaintiff's motion to delay hearing: Hearing scheduled for September 27, 2017 is canceled. Signed by Magistrate Judge Philip R. Lammens on 9/22/2017. (AR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
JOHN COTTAM,
Plaintiff,
v.

Case No: 5:16-cv-413-Oc-30PRL

DOUGLAS PELTON
Defendant.

ORDER
On September 13, 2017, Plaintiff filed a motion seeking a 60-day extension of the
September 29, 2017 discovery deadline. (Doc. 93). In efforts to better understand what discovery
was still needed and to determine an appropriate timeframe to complete discovery, the Court set
this matter for hearing on September 27, 2017 (two days before the scheduled close of discovery).
(Doc. 98). Plaintiff then filed an emergency motion to delay the hearing and to extend the discovery
deadline. (Doc. 99).
After reviewing all of the papers filed, the Court is satisfied that it can rule on the motion
without the necessity of a hearing. Accordingly, Plaintiff’s motion to delay the hearing (Doc. 99)
is GRANTED. The hearing scheduled for September 27, 2017 is hereby CANCELED.
In reading Plaintiff’s motion to extend discovery (Doc. 93) and the subsequent filings, it is
clear that Plaintiff has not diligently pursued discovery. Indeed, it is unclear what if any discovery
Plaintiff has taken in the past three months since the Court granted his first request to extend the
deadline. Plaintiff’s motion simply outlines discovery he plans to take or motions that he intends
to file.

Under these circumstances, the requested 60-day extension is not warranted. The Court
will nonetheless, grant Plaintiff one last extension until October 27, 2017. 1 Plaintiff should
carefully consider what discovery he still needs to complete and coordinate dates and times with
opposing counsel. In scheduling depositions, Plaintiff should be aware that pursuant to Local Rule
3.02, “a party desiring to take the deposition of any person upon oral examination shall give at
least fourteen (14) days notice in writing to every other party to the action and to the deponent (if
the deponent is not a party.)”
DONE and ORDERED in Ocala, Florida on September 22, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

1

This does not extend or alter any other case deadlines.
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