Penn-Florida Capital Corp. v. Gallifrey Parkland LLC

Filing 36

ORDER granting 32 31 Motion to Amend Complaint and to Amend Counterclaim defenses; Order granting in part and denying in part 34 Motion for Continuance of Trial and Modification of Scheduling Order. See Order for details. Signed by Judge James I. Cohn on 5/4/2009. (lc1)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 09-CIV-60032-COHN-SELTZER PENN-FLORIDA CAPITAL CORP., Plaintiff/Counter-Defendant, v. GALLIFREY PARKLAND LLC, Defendant/Counter-Plaintiff ___________________________________/ ORDER GRANTING MOTIONS TO AMEND ORDER GRANTING IN PART MOTION FOR CONTINUANCE THIS CAUSE is before the Court upon Plaintiff/Counter Defendant's Motions to Amend Complaint and Counterclaim Defenses [DE 31 and 32] and Plaintiff's unopposed Motion for Continuance of Trial and Modification of Scheduling Order [DE 34]. The Court has carefully considered the motions and notes that Defendant does not oppose the motions to amend as long as the scheduling order time limits are extended. The current scheduling order required motions to amend to be filed by April 24, 2009. Thus, the present motions to amend are timely and are granted. As to the motion for continuance, the fact discovery cutoff is not until July 24, 2009. The Court understands the request for additional time, but will extend the deadlines by only four weeks at this time. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Plaintiff/Counter- Defendant's Motions to Amend Complaint and Counterclaim Defenses [DE 31 and 32] are both hereby GRANTED;

2.

W ithin 3 business days, Plaintiff/Counter-Defendant shall separately file the Amended Complaint and the Amended Answer and Affirmative Defendants to the Counterclaim;

3.

Plaintiff's unopposed Motion for Continuance of Trial and Modification of Scheduling Order [DE 34] is hereby GRANTED in part and DENIED in part;

4.

The following deadlines shall now apply to this case: Expert Disclosures, including reports Rebuttal Expert Disclosures Fact Discovery Expert Discovery Substantive pretrial motions: Daubert motions: July 15, 2009 August 14, 2009 August 21, 2009 August 28, 2009 September 18, 2009 Ten days after submission of expert affidavit if submitted in support or opposition to motion for summary judgment, or by October 15, 2009, if witness is only trial witness October 29, 2009 November 6, 2009

Motions in limine Joint Pretrial Stipulation and Deposition Designations for unavailable trial witnesses Responses to motions in limine Jury instructions/voir dire questions and objections/cross-designations to deposition designations 2.

November 9, 2009 Calendar Call

The Calendar Call for these cases is reset for 9:00am on November 12, 2009, in Courtroom 203E of the United States Courthouse, 299 East Broward Blvd, Fort

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Lauderdale, Florida; 3. The trial for these cases is reset for the two-week period commencing November 16, 2009. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 4th day of May, 2009.

copies to: counsel of record on CM/ECF

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