Adams Arms, LLC v. Unified Weapon Systems, Inc. et al
Filing
148
ORDER: Adams Arms, LLC's Unopposed Motion for Extension of Case Deadlines (Doc. #145 ) is GRANTED consistent with the foregoing. The Clerk is directed to issue an Amended Case Management and Scheduling Order tracking Adams Arms' suggested dates, but allotting four months between the dispositive motions deadline and the pretrial conference. Adams Arms shall file a Notice of Mediation containing the date, time, and location of the mediation conference with Bradford Kimbro, Esq., or another certified mediator that all parties agree to, by January 27, 2017. Signed by Judge Virginia M. Hernandez Covington on 1/20/2017. (KAK)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ADAMS ARMS, LLC,
Plaintiff,
v.
Case No. 8:16-cv-1503-T-33AEP
UNIFIED WEAPON SYSTEMS, INC.
et al.,
Defendants.
______________________________/
ORDER
This cause is before the Court pursuant to Adams Arms,
LLC’s Unopposed Motion for Extension of Case Deadlines (Doc.
# 145), which was filed on January 18, 2017. The Court grants
the Motion as follows.
Discussion
Adams Arms initiated this action by filing its Complaint
on June 10, 2016. (Doc. # 1).
Thereafter, on June 16, 2016,
Adams Arms filed a Motion for a Preliminary Injunction. (Doc.
# 13). The Magistrate Judge set a hearing on the Motion for
Preliminary Injunction for July 21, 2016. (Doc. # 22).
This
Court set a Case Management Hearing for July 20, 2016. (Doc.
# 34).
On July 8, 2016, the parties filed a Case Management
Report. (Doc. # 36).
With respect to mediation, the Case
Management Report stated: “The parties are working to schedule
a mediation prior to the preliminary injunction hearing and
will update this section once that is finalized.” (Id. at 2).
During the Case Management Hearing, the parties advised
the Court that they were able to resolve the Motion for
Preliminary Injunction during an early settlement conference.
The
Court
accordingly
denied
the
Motion
for
Preliminary
Injunction as moot. (Doc. # 71).
The parties and the Court also discussed the operative
case
management
deadlines.
The
Court
filed
the
Case
Management and Scheduling Order (Doc. # 72) on July 20, 2016,
containing the following relevant deadlines:
C
Plaintiff’s Expert Disclosure: January 20, 2017;
C
Defendants’ Expert Disclosure: February 17, 2017;
C
Discovery Deadline: April 14, 2017;
C
Dispositive Motions: May 19, 2017;
C
Motions in Limine: July 14, 2017;
C
Meeting to Prepare Pretrial Statement: July 31, 2017;
C
File Joint Pretrial Statement: August 10, 2017;
C
Final Pretrial Conference: August 17, 2017:
C
Beginning of Trial Term: September 5, 2017; and
C
Mediation Deadline: April 21, 2017. The parties selected
Bradford Kimbro, Esq., Certified Mediator, to preside
over the mediation conference.
At this juncture, Adams Arms has filed an unopposed
Motion requesting an extension of some, but not all, of the
case management deadlines, stating: “the parties are seeking
to resolve this matter voluntarily, and the extension would
allow time to pursue a possible resolution while also allowing
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adequate time for discovery.
requests
roughly
a
one
(Doc. # 145 at 1).
month
extension
of
Adams Arms
the
expert
disclosure deadline, the discovery deadline, the dispositive
motions
deadline,
and
the
motions
in
limine
deadline.
However, Adams Arms suggests that the Court need not alter the
pretrial and trial dates and deadlines.
Particularly, Adams
Arms requests an Order establishing June 19, 2017, as the
dispositive motions deadline and maintaining an August 17,
2017 pretrial conference. With 30 days allotted for responses
to dispositive motions and an additional 14 days for reply
memoranda, under Adams Arms’ suggested schedule, the Court
would be left with a mere 15 days to deliver an opinion on
ripe dispositive motions.
In the initial Case Management and Scheduling Order, the
Court explained:
Dispositive Motions Deadline and Trial Not Extended
- Motions to extend the dispositive motions
deadline or to continue the trial are generally
The Court
denied. See Local Rule 3.05(c)(2)(E).
will grant an exception only when necessary to
prevent manifest injustice.
A motion for a
continuance of the trial is subject to denial of it
fails to comply with Local Rule 3.09. The Court
cannot extend a dispositive motion deadline to the
eve of trial.
In light of the district court’s
heavy trial calendar, a period of at least four
months is required before trial to receive
memoranda in opposition to a motion for summary
judgment, and to research and resolve the
dispositive motion.
(Doc. # 72 at 4)(emphasis added).
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The
Court
finds
good
cause
to
grant
the
extension
requested, and directs the Clerk to enter an Amended Case
Management and Scheduling Order; however, the Court will also
sua sponte enlarge the pretrial and trial period so that
sufficient
time
is
dispositive motions.
allotted
for
the
adjudication
of
Specifically, the Court requires a four
month period between the filing of dispositive motions and the
pretrial conference.
In
addition,
although
Adams
Arms’
Extension
Motion
highlights the prospect of a pending settlement, the Motion
makes no mention of mediation and does not appear to request
an enlargement of the mediation deadline of April 21, 2017.
Adams Arms, as the plaintiff, is responsible for moving this
case forward. “Plaintiff is responsible for investigating and
prosecuting his case.” Ellis v. Moody, No. 7:12-cv-85, 2013
U.S. Dist. LEXIS 89869, at *20-21 (M.D. Ga. May 30, 2013).
Adams Arms is accordingly directed to file a Notice of
Mediation containing the date, time, and location of the
mediation conference with Bradford Kimbro, Esq., or another
certified mediator that all parties agree to, by January 27,
2017.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED that:
(1)
Adams Arms, LLC’s Unopposed Motion for Extension of Case
4
Deadlines (Doc. # 145) is GRANTED consistent with the
foregoing.
(2)
The Clerk is directed to issue an Amended Case Management
and Scheduling Order tracking Adams Arms’ suggested
dates, but allotting four months between the dispositive
motions deadline and the pretrial conference.
(3)
Adams Arms shall file a Notice of Mediation containing
the date, time, and location of the mediation conference
with Bradford Kimbro, Esq., or another certified mediator
that all parties agree to, by January 27, 2017.
DONE and ORDERED in Chambers in Tampa, Florida, this 20th
day of January, 2017.
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