Getchell et al v. SunTrust Bank

Filing 19

ORDER granting 18 Motion to meet telephonically to prepare Case Management Report. In addition, counsel are ordered to show cause why they should not be held in contempt for failure to comply with a Court Order, and Local Rules 3.01(a) and 3.05(c)(2)(B). Signed by Magistrate Judge Thomas B. Smith on 11/25/2015. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CHRISTOPHER GETCHELL and
ALLISON GETCHELL,
Plaintiffs,
v.

Case No: 6:15-cv-1702-Orl-40TBS

SUNTRUST BANK,
Defendant.
ORDER
Yesterday, the Court denied Defendant’s Motion for Extension of Time to File Case
Management Report (Doc. 16), because it did not comply with FED. R. CIV. P. 6(b) (Doc.
17). Following the entry of that Order, Plaintiff’s filed their Unopposed Motion for Order
Allowing Telephone Meeting (Doc. 18). It is now clear that counsel did not meet inperson as required by the Court’s Order (Doc. 6), and M.D. FLA. Rule 3.05(c)(2)(B). The
motion offers no excuse for counsel’s conduct, instead, it simply asks that the
requirement of an in-person meeting be waived because counsel have conferred by
telephone and agreed on the contents of their case management report. The motion
does not satisfy the requirements of FED. R. CIV. P. 6(b) even though the Court explained
the rule yesterday, and it does not comply with M.D. FLA. Rule 3.01(a). Nevertheless,
after due consideration, the motion is GRANTED. Counsel will not be required to meet
in-person to prepare the case management report. But, counsel have 14 days from the
rendition of this Order to show cause in writing why they should not be held in contempt
and sanctioned for failing to comply with the Court’s Order (Doc. 6), and M.D. FLA. Rules
3.01(a) and 3.05(c)(2)(B). Their responses shall address, inter alia, why they did not

meet in-person; when they met by telephone to prepare the case management report;
and why the case management report was not timely filed.
DONE and ORDERED in Orlando, Florida on November 25, 2015.

Copies furnished to Counsel of Record

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