Causeway Landings, Ltd. et al v. City of New Smyrna Beach, Florida
ORDER granting in part and denying in part 42 Motion to extend time. The motion to extend the discovery deadline is granted; the motion to extend the dispositive and Daubert motion deadlines is denied. Signed by Magistrate Judge Thomas B. Smith on 1/17/2014. (Smith, Thomas)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
CAUSEWAY LANDINGS, LTD., CAUSEWAY
LANDINGS PARK, LLC, FL TAX HOLDINGS
2010, LTD., et al.,
Case No. 6:13-cv-291-Orl-36TBS
CITY OF NEW SMYRNA BEACH, FLORIDA,
Pending before the Court is Defendant, City of New Smyrna Beach’s
Unopposed Motion for Extension of Time (Doc. 42). Plaintiff seeks additional time to
depose two witnesses and that the dispositive and Daubert motion deadlines be
The Court’s Case Management and Scheduling Order (“CMSO”) provides that
“[m]otions to extend the dispositive motions deadline or to continue the trial are
generally denied,” and that “[t]he Court will grant an exception only when necessary to
prevent manifest injustice.” (Doc. 19, p. 5). The CMSO also states that motions to
extend other deadlines are disfavored, and that motions to extend will normally be
denied unless they recite that: “1) the additional discovery is necessary for specified
reasons; 2) all parties agree that the extension will not affect the dispositive motions
deadline and trial date; 3) all parties agree that any discovery conducted after the
dispositive motions date established in [the CMSO] will not be available for summary
judgment purposes; and 4) no party will use the granting of the extension in support of
a motion to extend another date or deadline.” (Id., p. 5-6).
The CMSO was previously amended on October 25, 2013 at the parties’
request to give them additional time to conduct discovery, and file dispositive and
Daubert motions. (Docs. 38-39). Then, on December 9, 2013, the Court further
extended the discovery deadline to January 17, 2014. (Doc. 41).
Now, the motion to extend the discovery deadline to February 21, 2014, for the
limited purpose of deposing witnesses Dan Silvestri and Paul Missigman is
GRANTED. This extension does not affect the dispositive motions deadline and, if
the discovery is not completed until after the date for filing dispositive motions, the
additional discovery will not be available for summary judgment purposes.
The motion to extend the deadline for filing dispositive and Daubert motions is
DENIED. Plaintiff has failed to show that extension of the dispositive motions
deadline is necessary to prevent manifest injustice. And, extension of the dispositive
and Daubert motion deadlines would increase the Court’s burden by reducing the
amount of time within to dispose of those motions in advance of trial.
DONE AND ORDERED in Orlando, Florida, on January 17, 2014.
Copies to all Counsel
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