Rivera et al v. Matteos Landscaping Co., Inc. et al

Filing 31

ORDER denying without prejudice 26 Plaintiff's Motion to Compel; granting 30 Plaintiff's Motion for Extension of Time. The parties shall file a Joint Status Report on discovery issues by 1/4/19. Signed by Magistrate Judge Barry S. Seltzer on 12/19/2018. See attached document for full details. (pb00)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 18-60790-CIV-DIMITROULEAS/SELTZER
HERIBERTO RIVERA, JR.,
ALBERTO DELGADO,
and MARIO ORTEGA,
Plaintiffs,
vs.
MATTEO’S LANDSCAPING, CO., INC.,
MATTHEW D. MARANO,
ANN MARANO, and
MATTHEW MARANO, JR.,
Defendants.
________________________________/
ORDER
THIS CAUSE is before the Court on referral [DE 15 and 20] from the District Court
for appropriate disposition of all pretrial discovery motions. Plaintiffs have filed a Motion
to Compel [DE 26] responses to Interrogatories and a Request for Production. Upon
review of that Motion, the Court entered an Order Setting Discovery Procedure [DE 27],
ordering Defendants to produce certain discovery and directing counsel for the parties to
meet and confer for the purpose of conferring in good faith on the remaining discovery
issues. The parties were directed to file a Joint Status Report, in a specific format,
identifying the remaining issues/discovery requests to be considered. The Order [DE 27]
specifically stated that “[n]o additional written discovery motions or memoranda of law shall
be filed unless requested by the Court.”
Notwithstanding the Court’s Order, on December 18, 2018, Defendants filed a
Response to Plaintiff’s Motion to Compel Discovery in which they reported that certain

discovery responses had been provided and argued against the relevancy of other
discovery requests. Also on that date, Plaintiffs filed an unopposed Motion for Extension
of Time [DE 30] requesting additional time within which to confer with opposing counsel as
required by the Court’s Order Setting Discovery Procedure [DE 27].
In order for the Court to be fully informed as to the remaining matters in dispute and
to allow the parties the opportunity to narrow the issues, it is hereby
ORDERED AND ADJUDGED that Plaintiff’s Motion for Extension of Time [DE 30]
is GRANTED. Plaintiff’s Motion to Compel [DE 26] is DENIED WITHOUT PREJUDICE.
Counsel for the parties shall meet on or before December 28, 2018, in a good faith effort
to resolve their discovery dispute. Any matters pertaining to Plaintiffs’ discovery requests
and Defendants’ responses thereto that remain for determination by the Court will be
memorialized in a Joint Status Report in the format detailed in the Court’s Order Setting
Discovery Procedure [DE 27]. The Joint Status Report shall be filed with the Court by
January 4, 2019, and shall only reference matters that require determination by the Court.
No further written motions or memoranda addressing Plaintiff’s discovery requests will be
considered.
DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 19th day of
December 2018.

Copies furnished counsel via CM/ECF

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