Griffin et al v. Capital One Bank et al

Filing 62

ORDER: Plaintiffs' Unopposed Motion to Extend Scheduling Deadlines 60 is GRANTED. The Clerk is directed to issue an amended Case Management and Scheduling Order that extends all deadlines by 120 days. Signed by Judge Virginia M. Hernandez Covington on 3/17/2009. (KAK)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION KENNETH SPINELLI, et al., v. Plaintiffs, Case No. 8:08-cv-132-T-33EAJ

CAPITAL ONE BANK and CAPITAL ONE SERVICES, INC., Defendants. ______________________________/ ORDER This cause comes before the Court pursuant to Plaintiffs' Unopposed Motion to Extend Scheduling Deadlines (Doc. # 60), which was filed on March 12, 2009. Plaintiffs seek an order extending the deadlines

contained in this Court's May 21, 2008, Case Management and Scheduling Order. (Doc. # 24). Plaintiffs explain that their

amended motion for class certification (Doc. # 55) is pending before this Court and that this Court's decision regarding class certification will dictate the remainder of the

discovery to be taken in this case. Specifically, Plaintiffs note that "Plaintiffs have

scheduled 30(b)(6) depositions for representatives of the Defendant corporation, but have agreed with Defendants that those depositions will be postponed pending the Court's

decision concerning certification of the class." (Doc. # 60 at

2).

Plaintiffs additionally "ask the Court to extend each of

the deadlines in the scheduling order by 90 days, with the new deadlines beginning from the date of the Court's decision on the class certification issue." (Id.). An extension of the Court's case management deadlines is certainly appropriate under the circumstances of this case; however, the extension that Plaintiffs amended seek is somewhat class

impractical.

Plaintiffs'

motion

for

certification is not yet ripe; therefore, this Court cannot determine when it will make its final decision regarding class certification. A scheduling order with dates contingent upon

the date of a separate ruling is not consistent with this Court's standard procedures. Thus, this Court will extend the deadlines as set forth in the Case Management and Scheduling Order by 120 days. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: 1. Plaintiffs' Unopposed Motion to Extend Scheduling

Deadlines (Doc. # 60) is GRANTED. 2. The Clerk is directed to issue an amended Case Management

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and Scheduling Order that extends all deadlines by 120 days. DONE and ORDERED in Chambers, in Tampa, Florida, this 17th day of March, 2009.

Copies to: All Counsel of Record

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