Johnson v. City of Daytona Beach et al

Filing 48

ORDER denying 47 Motion to extend time to file dispositive motions. Signed by Magistrate Judge Thomas B. Smith on 5/30/2017. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
OTHA K. JOHNSON,
Plaintiff,
v.

Case No: 6:16-cv-941-Orl-40TBS

CITY OF DAYTONA BEACH, MICHAEL
CHITWOOD, BRIAN BIDDIX,
DAWNMARI DENISE HARRIS and
TIMOTHY BLOWERS,
Defendants.
ORDER
This case comes before the Court without oral argument on Defendants’
Unopposed Motion for Extension of Time to File Dispositive Motions (Doc. 47). The Case
Management and Scheduling Order (“CMSO”) governing the case established a June 1,
2017 deadline for the filing of dispositive motions (Doc. 31 at 2). The case is set for trial
during the term beginning October 2, 2017 (Id.). Defendants are asking the Court to
extend the dispositive motions deadline to June 26, 2017, in anticipation that the City
Commission of Daytona Beach will approve a settlement in advance of that date (Doc. 47
at 2). The CMSO informed the parties that:
1. Dispositive Motions Deadline and Trial Not Extended –
Motions to extend the dispositive motions deadline or to
continue 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
motions deadline to the eve of trial. In light of the district court’s
heavy felony trial calendar, at least 4 months are required
before trial to receive memoranda in opposition to a motion for

summary judgment and to research and resolve the
dispositive motion sufficiently in advance of trial.
(Doc. 31 at 6). Denial of Defendants’ motion will not will result in manifest injustice and, if
the motion was granted, the Court would not have sufficient time to decide dispositive
motions in advance of trial. For these reasons, the motion is DENIED.
DONE and ORDERED in Orlando, Florida on May 30, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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