Lengua v. Uno Restaurants, LLC.

Filing 26

ORDER granting in part and denying in part 25 Motion to extend time. Signed by Magistrate Judge Thomas B. Smith on 10/23/2015. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
ANDRES LENGUA,
Plaintiff,
v.

Case No: 6:15-cv-57-Orl-22TBS

UNO RESTAURANTS, LLC.,
Defendant.
ORDER
This case comes before the Court on Defendant’s Motion to Extend Scheduling
Order Pretrial Deadlines (Doc. 25). Defendant is asking the Court to cancel all case
management deadlines, take the case off its trial calendar, and not reschedule the case
until 60 days after it decides Defendant’s motion to compel (Id., at 2).
The Case Management and Scheduling Order governing this case provides that
“[m]otions to extend the dispositive motions deadline or to continue the trial are generally
denied.” (Doc. 20 at 4). And that “[t]he Court will grant an exception only when
necessary to prevent manifest injustice.” (Id.). The Order goes on to state that
“[m]otions 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.” (Id.).
The grounds for Defendant’s motion don’t come anywhere close to showing
manifest injustice and the existence of good cause is debatable. Defendant’s motion to
compel became ripe on October 20, 2015 and will be decided in the regular course of
business. In the meantime, the Court will assist the parties by GRANTING the motion in

part, by extending the deadlines for the filing of dispositive and Daubert motions from
November 2 to December 1, 2015. In all other respects, the motion is DENIED. The
parties should be prepared to go to trial during the period beginning April 1, 2016.
DONE and ORDERED in Orlando, Florida on October 23, 2015.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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