People For The Ethical Treatment of Animals, Inc. v. Dade City's Wild Things, Inc. et al

Filing 159

ORDER granting 153 Motion to extend time; 156 Motion to Continue; 157 Motion to Continue. See order for details. Signed by Magistrate Judge Amanda Arnold Sansone on 11/15/2017. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
PEOPLE FOR THE ETHICAL
TREATMENT OF ANIMALS, INC.,
Plaintiff,
v.

Case No.: 8:16-cv-2899-T-36AAS

DADE CITY’S WILD THINGS, INC.,
STEARNS ZOOLOGICAL RESCUE &
REHAB CENTER, INC. D/B/A DADE
CITY’S WILD THINGS, KATHRYN P.
STEARNS, AND RANDALL E. STEARNS,
Defendants.
______________________________________/
ORDER
This matter comes before the Court on William J. Cook and Barker & Cook, P.A’s Motion
for Extension of Time to Comply with Order and Subpoenas or Stay Pending Review (Doc. 153),
Defendants’ Unopposed Emergency Motion to Stay Deposition of William Cook, Extend the Time
to Comply with Joint Statement, and Continue Hearing on November 29, 2017 (Doc. 156), and
People for the Ethical Treatment of Animals, Inc.’s Motion to Continue Filing of Joint Pre-trial
Statement and the Evidentiary Hearing Scheduled for November 29, 2017 (Doc. 157). All the
motions essentially seek the same relief.
On October 12, 2017, the Court scheduled a November 29, 2017 evidentiary hearing on
Plaintiff’s motions for the Court to hold Defendants and certain non-parties in contempt. (Doc.
120). In the October 12th Order, the Court also required the parties and non-parties to file, on or
before November 17, 2017, a joint statement containing witness lists, exhibit lists, stipulation of
facts, stipulation as to legal issues, disputed issues of fact, and disputed issues of law. (Id. at ¶ 2).
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On October 26, 2017, Plaintiff moved to compel the production of certain documents and
deposition testimony from Defendants’ former counsel William Cook, Esq. (Doc. 131). Plaintiff
represented that this discovery was necessary to adequately prepare for the November 29th
evidentiary hearing. (Id.). On November 2, 2017, Defendants responded by taking the position
that the discovery sought from Mr. Cook was protected by attorney-client privilege. (Doc. 141).
On November 3, 2017, the Court ordered that Mr. Cook produce documents—limited in timeframe
and topics—and appear for deposition to provide testimony related to the same limited timeframe
and topics. (Doc. 145). Defendants subsequently filed an objection to the November 3rd Order as
permitted by Rule 72(a) of the Federal Rules of Civil Procedure. (Doc. 154). Because the Rule
72(a) objection is pending before United States District Judge Charlene Honeywell, the parties and
Mr. Cook request a stay of Mr. Cook’s November 16th deposition, the November 17th deadline for
filing the joint statement, and the November 29th evidentiary hearing. (Docs. 153, 156, 157).
Accordingly, after due consideration, it is ORDERED that:
(1) William J. Cook and Barker & Cook, P.A’s Motion for Extension of Time to Comply
with Order and Subpoenas or Stay Pending Review (Doc. 153), Defendants’ Unopposed
Emergency Motion to Stay Deposition of William Cook, Extend the Time to Comply with Joint
Statement, and Continue Hearing on November 29, 2017 (Doc. 156), and People for the Ethical
Treatment of Animals, Inc.’s Motion to Continue Filing of Joint Pre-trial Statement and the
Evidentiary Hearing Scheduled for November 29, 2017 (Doc. 157) are GRANTED.
(2)

The evidentiary hearing and joint statement deadline, as well as Mr. Cook’s

discovery obligations, are STAYED pending resolution of Defendants’ Objection (Doc. 154).
Within seven (7) days of the ruling on Defendant’s Objection, counsel for the parties shall file a
notice advising the Court how soon they can be available for the rescheduled evidentiary hearing,
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as well as the estimated length of the hearing.
DONE AND ORDERED in Tampa, Florida on this 15th day of November, 2017.

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