Regions Bank v. Kaplan et al

Filing 375

ORDER denying 359 Motion to extend time; denying 364 Motion for Extension of Time to File; denying without prejudice 370 Motion to Strike; directing Kaplan Parties to make complete expert disclosures by May 15, 2015. Signed by Judge Elizabeth A. Kovachevich on 5/8/2015. (JM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
REGIONS BANK, etc.,
Plaintiff,
v.

CASE NO. 8:12-CV-1837-T-17MAP

MARVIN I. KAPLAN, et al.,
Defendants
_____________________________/
MARVIN I. KAPLAN, et al.,
Counterclaim/
Crossclaim Plaintiffs,
v.
ROBERT NICHOLAS SHAW, et
al.,
Counterclaim/
Crossclaim Defendants.
______________________________/

ORDER
This cause is before the Court on:
Dkt. 359
Dkt. 364
Dkt. 368
Dkt. 370

Motion to Extend Time to File
Defendants’ Expert Disclosure
Supplemental Motion for Extension of
Time to File Expert Disclosure
Response in Opposition (Wells Fargo Bank, N.A.,
Bridgeview Bank Group, Regions Bank)
Motion to Strike or Exclude Kaplan Parties’ Expert
Witnesses

Case No. 8:12-CV-1837-T-17MAP
The Kaplan Parties (Kaplan and Kaplan LLCs) move to extend the deadline for
expert disclosures (4/14/2015) to June 15, 2015.

Regions Bank, Bridgeview Bank Group and Wells Fargo Bank, N.A. (“Bank
Parties) oppose the Kaplan Parties’ Motion. The Bank Parties argue that the Kaplan
Parties have not established good cause for the extension, have not been diligent, and
did not confer with counsel in order to resolve the issues raised in their Motions. The
Kaplan Parties have disclosed the names of expert witnesses, but have not provided a
written report containing a complete statement of all opinions, and the basis and
reasons therefore.

After consideration, the Court denies the Motion to Extend Time to File
Defendants’ Expert Disclosure, and the Supplemental Motion for Extension of Time to
File Expert Disclosure. This case has been pending since 2013, and the deadline for
expert disclosures was set in the Amended Case Management and Scheduling Order
(Dkt. 300) in September, 2014. The Kaplan Parties have not established good cause
for an extension of the expert disclosure deadline, and in light of the shortened schedule
for this case, the Court cannot grant an extension of time for expert disclosure to June
15, 2015. The Kaplan Parties shall make complete expert disclosures by May 15, 2015.
Accordingly, it is

ORDERED that the Motion to Extend Time to File Expert Disclosures (Dkt. 359)
is denied and the Supplemental Motion for Extension of Time to File Expert Disclosure
(Dkt. 364) is denied. The Kaplan Parties shall make complete expert disclosures by
May 15, 2015. The Motion to Strike or Exclude Expert Witnesses (Dkt. 370) is denied
without prejudice.

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Case No. 8:12-CV-1837-T-17MAP
DONE and ORDERED in Chambers in Tampa, Florida on this 8th day of May,
2015.

Copies to:
All parties and counsel of record

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