FREEMAN et al v. OLIN CORPORATION et al

Filing 71

ORDER: 68 MOTION to Extend Time of Discovery by Defendants is GRANTED in part and DENIED in part. All associated deadlines set forth in 38 Order are modified accordingly. Plaintiffs must provided Defendants dates available for depositions and mediation and additional documents subject of 39 Motion to Compel by 11/14/2012. (Discovery due by 12/31/2012.). Signed by MAGISTRATE JUDGE GARY R JONES on 11/7/2012. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
NORMAN FREEMAN,
and CHRISTY FREEMAN
Plaintiffs,
v.

CASE NO. 5:12-cv-6-RS-GRJ

OLIN CORPORATION
D/B/A WINCHESTER CORPORATION,
a foreign corporation, et al.,
Defendants.
_____________________________/
ORDER
This matter is before the Court upon Defendants’ Motion for Extension of
Discovery and Pretrial Deadlines and Trial Date. (Doc. 68.) Defendants request the
Court to extend the discovery deadline and associated pretrial deadlines, as well as the
trial date, by at least sixty days. Defendants say that such an extension is necessary
because of Plaintiffs’ delay in providing available dates for Plaintiffs’ depositions and for
mediation. Defendants say that Plaintiffs have also failed thus far to provide all
requested discovery. Defendants represent that they have conferred with Plaintiff
Norman Freeman, who has stated that his wife has spent some time in the hospital and
that this has caused some delay. Defendants represent that Plaintiffs do not object to
the requested extension of time. For the reasons set forth below, the Court will grant an
extension of the discovery deadline, originally set for December 3, 2012, until
December 31, 2012. The trial date will remain March 11, 2013.
This case has been pending in federal court since January 6, 2012. (Doc. 1.)

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Plaintiffs’ refusal to provide discovery and initial disclosures prompted a Motion to
Compel, which was granted on September 6, 2012. (Doc. 45.) The Court granted
attorney’s fees to Defendants on October 2, 2012. (Doc. 56.) While the Court
recognizes that Plaintiffs’ ongoing delays in providing discovery and dates for
depositions and mediation has delayed the case, the Court finds that a sixty-day
extension of all deadlines is not justified under the present circumstances. The Court
also finds that at this time, there is no justification for an extension of the trial date.
The Court finds instead that a four-week extension of time will enable the parties
to complete discovery, and will extend the deadline for discovery to December 31,
2012. This extension will permit the parties to complete discovery while still allowing
adequate time between the close of discovery and trial. In order to facilitate the
completion of discovery by this date, the Court will require Plaintiffs to provide at least
three dates on which they will be available to conduct depositions and mediation.
Plaintiffs must also provide to Defendants any remaining documents that were the
subject of the previous Motion to Compel. Plaintiffs are cautioned that failure to
cooperate with Defendants in scheduling and providing discovery may result in the
imposition of further sanctions, including but not limited to monetary penalties and
dismissal.
Accordingly, it is ORDERED:
1.

Defendants’ Motion for Extension of Discovery and Pretrial Deadlines and
Trial Date, Doc. 68, is GRANTED in part and DENIED in part.

2.

The discovery deadline is extended to December 31, 2012. All
associated deadlines set forth in the Scheduling and Mediation Order,
Doc. 38, are modified accordingly.

Case No: 5:12-cv-6-RS-GRJ

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3.

Plaintiffs must provide to Defendants the dates on which they will be
available for depositions and for mediation, on or before November 14,
2012. Plaintiffs must provide any additional documents that were the
subject of Defendants’ Motion to Compel, Doc. 39, by the same date.

DONE AND ORDERED this 7th day of November 2012.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge

Case No: 5:12-cv-6-RS-GRJ