Hernandez v. Internet Gaming Entertainment, Ltd et al

Filing 46

ORDER granting in part and denying in part 44 Motion to Amend/Correct Scheduling Order, denying as moot 45 Motion for Hearing. Signed by Judge James I. Cohn on 4/18/08. (lc1)

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Hernandez v. Internet Gaming Entertainment, Ltd et al Doc. 46 Case 1:07-cv-21403-JIC Document 46 Entered on FLSD Docket 04/18/2008 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 07-21403-CIV-COHN ANTONIO HERNANDEZ, individually, and on behalf of all others similarly situated, Plaintiff, vs. IGE U.S. LLC, Defendants. ______________________________________/ ORDER GRANTING IN PART JOINT MOTION TO AMEND SCHEDULING ORDER THIS CAUSE is before the Court upon the parties' Joint Motion to Amend Scheduling Order [DE 44] and Joint Motion for Status Conference [DE 45]. The Court has carefully considered the motion and is otherwise fully advised in the premises. The parties seek a six-month extension of all pretrial deadlines and the trial setting, asserting that this proposed class action involves voluminous discovery that cannot possibly be completed under the current scheduling order. The Court makes the following observations before ruling on the motion. This case has been pending for nearly one year, having been filed on June 1, 2007. Plaintiff apparently did nothing for nearly three months, until an amended complaint was filed on August 17, 2007 [DE 5] and the single domestic defendant, IGE U.S. LLC was served on September 4, 2007 [DE 10]. On September 26, 2007, this Court reset the trial for August of 2008 [DE 14], a sufficient amount of time even for a class action. The parties sought and received a delay in setting the scheduling conference before Magistrate Judge Seltzer [DE 17/19]. The parties briefly engaged in Magistrate Judge Seltzer Dockets.Justia.com Case 1:07-cv-21403-JIC Document 46 Entered on FLSD Docket 04/18/2008 Page 2 of 4 motion practice, but the motion to stay or dismiss filed by IGE U.S. was withdrawn on December 10, 2007 [DE 36]. The foreign defendant was dropped by Plaintiff on December 21, 2007 [DE 39/40], and IGE U.S. filed an Answer on January 3, 2008 [DE 41]. Apparently, though the parties should have been engaged in discovery at this point, not much was accomplished during the next three months. On March 31, 2008, IGE U.S. changed counsel. It is this change of counsel that is one of the arguments the parties rely upon in seeking a significant continuance in this case. W hile the Court will grant in part the extended continuance as requested so as to not prejudice either party, counsel must be aware that this case did not recently begin, and by the time of the new trial date in 2009, this action will likely be one of this Court's oldest cases. Thus, additional continuances are unlikely.1 Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Joint Motion to Amend Scheduling Order [DE 44] is hereby GRANTED in part; 2. 3. The Joint Motion for Status Conference [DE 45] is hereby DENIED as moot; The trial in this case shall be continued until the two week period commencing December 8, 2008, with the Calendar Call reset for Thursday, December 4, 2008 at 9:00am; The Court also notes that based upon the minimal record in the case to date, and without of course prejudging any issue, it appears that liability and standing issues seem the most challenging issues for Plaintiffs, rather than the parties' apparent focus on class certification issues. 2 1 Case 1:07-cv-21403-JIC Document 46 Entered on FLSD Docket 04/18/2008 Page 3 of 4 4. The following pretrial deadlines shall now apply: Joinder of parties and Amendment of Pleadings Motion for Class certification Fact Discovery cutoff Expert Reports Exchanged Rebuttal Expert Reports (if any) Expert Discovery cutoff Dispositive pretrial motions and Motions to Exclude or Limit Expert Testimony Mediation Report Deadline Motions in limine Joint Pretrial Stipulation, Proposed Jury Instructions, and Deposition Designations for Unavailable Trial Witnesses deadline passed on February 29, 20082 May 19, 2008 August 12, 2008 August 26, 2008 September 17, 2008 October 1, 2008 October 8, 2008 October 17, 2008 November 14, 2008 November 24, 2008 Proposed Voir Dire questions and December 2, 2008 Objections and Counter-Designations to Deposition Designations DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 18th day of April, 2008. The Court typically interprets this deadline as including a motion for class certification. Given that the parties apparently were not aware of this interpretation, the Court will allow plaintiff an extension of 30 additional days to file such a motion. 3 2 Case 1:07-cv-21403-JIC Document 46 Entered on FLSD Docket 04/18/2008 Page 4 of 4 copies to: Magistrate Judge Barry Seltzer C. Richard Newsome, Esq. Donald E. Haviland, Jr., Esq. Samuel Heywood, Esq./James M. Miller, Esq. 4

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