Bobo's Drugs, Inc. v. St. John's University et al

Filing 44

ORDER: The Clerk is directed to set this case for a Case Management Hearing on Friday, July 7, 2017, at 9:00AM. As noted in the Scheduling Order and herein, absent compelling circumstances and leave of Court, lead counsel must appear in person at the Case Management Hearing. Signed by Judge Virginia M. Hernandez Covington on 6/27/2017. (DRW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
BOBO’S DRUGS, INC.,
Plaintiff,
v.

Case No. 8:17-cv-372-T-33AEP

ST. JOHN’S UNIVERSITY, et al.,
Defendants.
_____________________________/
ORDER
This matter comes before the Court sua sponte. Just under
four months ago, on March 1, 2017, the Court entered its
Scheduling Order (Doc. # 9), which is specifically designed
for this type of action. Among other things, the Scheduling
Order referred the action to mediation before Peter J. Grilli.
(Id. at ¶ 4). The Scheduling Order further ordered:
12. Results of Mediation: Lead Counsel must file a
notice informing the Court of the results of
mediation within twenty-four hours from the
conclusion of the mediation conference. In the
event mediation does not result in settlement of
th[e] action, the parties must conduct a case
management meeting immediately after the mediation
conference, during which the parties shall jointly
prepare the attached fast-track case management
report. The parties shall file the completed fasttrack case management report within twenty-four
hours
of
the
conclusion
of
the
mediation
conference. In the event mediation does not result
in settlement of this action, the parties shall
file a separate notice informing the Court of the

legal issues they believe will need to be resolved
at the summary judgment stage and/or the factual
matters they believe will be at issue during trial.
13. After review of the parties’ fast-track case
management report, the Court will determine if a
Case Management Hearing is required. If a Case
Management Hearing is required, the Court will
conduct such hearing approximately one week after
the parties’ mediation conference. The Court will
enter a notice indicating the date and time of the
hearing. Counsel are advised that this case will be
set for trial approximately 90-120 days after the
mediation conference.  At the Case Management
Hearing, this Court will address any scheduling
conflicts the parties may have.
(Id. at ¶¶ 12, 13) (emphasis added).
On March 15, 2017, Plaintiff’s counsel filed the notice
of mediation “[p]ursuant to the Court’s Fast-Track Scheduling
Order.” (Doc. # 13). Mediation was scheduled for June 21,
2017. (Doc. # 14). The mediator timely filed his mediation
report on June 21, 2017, indicating the parties had reached
an impasse. (Doc. # 40).
In light of the notice of impasse, the Court entered an
Order on June 22, 2017, reminding the parties of their
obligations under the Scheduling Order. In particular, the
Court stated:
The parties mediated on June 21, 2017. (Doc. # 40).
Mediation did not result in a settlement. (Id.).
Under the Court’s Scheduling Order, the parties
need to file their jointly completed fast-track
case management report today. (Doc. # 9 at 9-10).
The parties are also reminded of their obligation

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to file a “notice informing the Court of the legal
issues they believe will need to be resolved at the
summary judgment stage and/or the factual matters
they believe will be at issue during trial.” (Id.
at 10). Finally, as noted in the Court’s June 12,
2017, Order, the Court reserves the right to
require a second round of mediation.
(Doc. # 41). Despite more than three months of notice and a
same-day reminder, Plaintiff failed to comply with paragraph
12 of the Scheduling Order. Thus, the Court ordered Plaintiff
to show cause. (Doc. # 42).
It was only after the Court ordered Plaintiff to show
cause

that

the

parties

submitted

the

fast-track

case

management report. (Doc. # 43-1). As of this Order, the
parties still have not complied with paragraph 12 of the
Scheduling Order, however, because they have not submitted
the legal and/or factual issues that remain.
After reviewing Plaintiff’s response to the order to
show

cause

and

the

submitted

fast-track

case

management

report, the Court determines a Case Management Hearing is
needed

for

this

case.

As

noted

by

paragraph

13

of

Scheduling Order,
[i]f a Case Management Hearing is required, the
Court will conduct such hearing approximately one
week after the parties’ mediation conference. The
Court will enter a notice indicating the date and
time of the hearing. Counsel are advised that this
case will be set for trial approximately 90-120
days after the mediation conference.

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the

(Doc. # 9 at ¶ 13). “Absent compelling circumstances and leave
of Court, lead counsel must appear in person at the Case
Management Hearing.” (Id. at ¶ 14).
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
The Clerk is directed to set this case for a Case
Management Hearing on Friday, July 7, 2017, at 9:00AM. As
noted in the Scheduling Order and herein, absent compelling
circumstances and leave of Court, lead counsel must appear in
person at the Case Management Hearing.
DONE and ORDERED in Chambers in Tampa, Florida, this
27th day of June, 2017.

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