Hallmark Insurance Company v. Maxum Casualty Insurance Company

Filing 97

ORDER granting in part and denying in part 71 Motion to extend time; adopting 95 Report and Recommendations. See Order for new deadlines and details. Signed by Judge Roy B. Dalton, Jr. on 9/18/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
HALLMARK INSURANCE
COMPANY,
v.

Plaintiff,

Case No. 6:16-cv-2063-Orl-37GJK

MAXUM CASUALTY INSURANCE
COMPANY,
Defendant.
ORDER
This matter is before the Court on the following matters: (1) Plaintiff’s Motion to
Extend All Deadlines and Continue Trial Date and Incorporated Memorandum of Law
(Doc. 71); (2) Maxum’s Opposition to Hallmark’s Motion to Extend All Deadlines and
Continue Trial Date and Incorporated Memorandum of Law (Doc. 79); (3) U.S. Magistrate
Judge Gregory J. Kelly’s Report and Recommendation (Doc. 95 (“R&R”)); and (4) the
parties’ Joint Notice of No Objection (Doc. 96).
LEGAL STANDARDS
When written objections to the proposed findings and recommendations in a
magistrate judge’s report and recommendation are filed, the district court must make a
de novo determination of the portions of the report to which an objection is made.
28 U.S.C. § 636(b)(1). But when the litigants have no specific objections, the district court
reviews the report and recommendation for clear error. See Garvey v. Vaugh, 993 F.2d 776,
779 n.9 (11th Cir. 1993); Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ,
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2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016). Ultimately, the district court “may accept,
reject, or modify, in whole or in part, the findings or recommendations made by the
magistrate judge.” 28 U.S.C. § 636(b)(1)(C).
DISCUSSION
On August 2, 2017, Plaintiff filed a motion requesting that all of the deadlines
currently set in this action (see Docs. 33, 55) be extended by ninety days (Doc. 71
(“Motion”)). On referral, U.S. Magistrate Judge Gregory J. Kelly (“Judge Kelly”)
conducted a hearing on September 13, 2017, to address discovery and scheduling issues
(“Hearing”). (Doc. 94.) In accordance with the parties’ representations at the Hearing,
Judge Kelly recommended in his R&R that the Motion be granted in part and denied in
part. (Doc. 95.) Specifically, the R&R recommends that: (1) the Court extend the current
deadlines by one month; (2) two deposition be conducted every week; and (3) the parties
file joint weekly status reports. (Doc. 95, p. 2.)
On September 15, 2017, the parties filed a joint notice that they have no objections
to the R&R. (Doc. 96.) Given the absence of objections, the Court has reviewed the R&R
for clear error, and the Court has found none. As such, the R&R is due to be adopted in
its entirety.
CONCLUSION
Upon consideration, IT IS ORDERED that:
(1)

U.S. Magistrate Judge Gregory J. Kelly’s Report and Recommendation
(Doc. 95) is ADOPTED, CONFIRMED, and made part of this Order.

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(2)

Plaintiff’s Motion to Extend All Deadlines and Continue Trial Date and
Incorporated Memorandum of Law (Doc. 71) is GRANTED IN PART
AND DENIED IN PART.

(3)

The current deadlines are extended by one month as set forth in the
following table:
Event
Plaintiff’s Expert Witness Disclosures
Defendant’s Expert Witness Disclosures

Deadline
September 29, 2017
October 27, 2017

Completion of Discovery

November 13, 2017

Summary Judgment & Daubert

December 13, 2017

A Single Motion in Limine & any other
Non-Dispositive Motions

March 22, 2018

Pre-Trial Meeting (In Person)

April 2, 2018

Joint Final Pre-Trial Statement (“PTS”)
*Case Completely Prepared for Trial*

April 9, 2018

Final Pre-Trial Conference

April 19, 2018

Submission of Trial Materials (including
Deposition Designations and Revised Witness
Lists, Exhibit Lists, Voir Dire Questions, and
Jointly Proposed Jury Instructions and Verdict
Form)

April 26, 2018

Commencement of Jury Trial Term

(4)

May 7, 2018

The parties are DIRECTED to conduct two depositions per week.

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(5)

The parties are DIRECTED to file joint weekly status reports every Friday
informing the Court of the progress of discovery. The first joint weekly
status report is due to be filed on September 22, 2017.

DONE AND ORDERED in Orlando, Florida, this 18th day of September, 2017.

Copies to:
Counsel of Record

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