Adelman et al v. Boy Scouts of America et al
Filing
290
Joint MOTION for Extension of Time of non-expert discovery deadline and expert witness report deadline re 261 Scheduling Order, by Howard K. Crompton, Andrew L. Schmidt. Responses due by 9/12/2011 (Attachments: # 1 Text of Proposed Order Exhibit "1")(Hasty, Frederick)
66450-3
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO. 10-CV-22236-ASG
Magistrate Judge: Magistrate Judge Jonathan Goodman
HOWARD ADELMAN and JUDITH SCLAWYADELMAN, as Co-Personal Representative of the
Estate of MICHAEL SCLAWY-ADELMAN,
Plaintiffs,
v.
BOY SCOUTS OF AMERICA, THE SOUTH
FLORIDA COUNCIL, INC.; BOY SCOUTS OF
AMERICA; PLANTATION UNITED
METHODIST CHURCH; HOWARD K.
CROMPTON, individually; and ANDREW L.
SCHMIDT, individually,
Defendants.
________________________/
JOINT MOTION TO EXTEND NON-EXPERT DISCOVERY DEADLINE AND
EXPERT WITNESS REPORT DEADLINE
COMES NOW all Parties, Plaintiffs, Howard Adelman and Judith SclawyAdelman, as Co-Personal Representatives of the Estate of Michael Sclawy-Adelman, and
the Defendants, Boy Scouts of America, The South Florida Council, Inc., Boy Scouts of
America, Plantation United Methodist Church, Howard K. Crompton, and Andrew L.
Schmidt, by and through their respective undersigned council, and pursuant to Fed. R.
Civ. P. 6(b), 16(b)(4) and 29(6), hereby jointly file this Motion to Extend Non-Expert
Discovery Deadline and Expert Witness Report Deadline, as follows:
CASE NO. 10-CV-22236-ASG
1.
This is a wrongful death action stemming from an incident that occurred
on May 9, 2009, when Michael Sclawy-Adelman died while taking part in a hike in the
Big Cypress National Preserve in the Florida Everglades.
2.
On August 2, 2011, this Court issued its “Order Granting Parties’ Joint
Motion to Extend Pre-Trial and Trial Deadlines”. [DE 261]. The Order sets forth the
current deadlines for non-expert discovery and the exchange of expert witness reports.
3.
Based upon the Parties’ need for a brief extension of time to complete fact
discovery, the Parties agree that there is good cause for a brief extension of the nonexpert discovery deadline and the expert witness report deadline. The Parties do not seek
to extend any other Pretrial Dates or Trial Dates and Deadlines.
4.
The current non-expert discovery deadline is August 31, 2011. [DE 261].
The Parties have agreed to extend the non-expert discovery deadline thirty (30) days, up
to and including September 30, 2011.
5.
The current expert witness report deadline is September 15, 2011. [DE
261]. The Parties have agreed to extend the expert witness report deadline fifteen (15)
days, up to and including September 30, 2011.
6.
In support of this motion the Parties would show the Court as follows:
(a)
The Department of Interior is allowing 5 depositions to go forward.
Although each of the depositions had been scheduled to occur prior to the
discovery cut-off on mutually agreeable dates, shortly before the
depositions, two of the depositions were postponed at the request of the
witnesses and cannot be re-scheduled until mid-September due to the
schedule of the witnesses and the government’s counsel;
(b)
The General Magistrate has recently entered an order providing for
additional testing of the decedent’s blood at a laboratory in Pennsylvania.
Due to administrative requirements involved in transferring the blood
sample from the Medical Examiner’s Office in Miami to the NMS Lab,
CASE NO. 10-CV-22236-ASG
the parties do not believe that the testing will be able to take place until
mid-September, following which it may be necessary to take the
deposition of one or more of the lab technicians;
(c)
A number of depositions of other witnesses have to be re-scheduled due to
the requests of the witnesses and the availably of counsel and
cannot otherwise be set prior to the existing cut-off.
(d)
The court has recently given the Plaintiff authorization to depose a
corporate representative of the South Florida Council, which cannot be
scheduled until later in September.
7.
The Parties therefore respectfully request this Honorable Court to enter an
Order granting this Motion, and extending the non-expert discovery deadline and the
expert witness report deadline to September 30, 2011. (See Proposed Order as Exhibit
“1”).
WHEREFORE, PLAINTIFFS AND DEFENDANTS jointly respectfully request
that this Honorable Court extend the non-expert discovery deadline and the expert
witness report deadline to September 30, 2011.
Respectfully submitted,
By: /s/ Frederick E. Hasty III
Frederick E. Hasty III
WICKER, SMITH, O'HARA, MCCOY & FORD, P.A.
2800 Ponce de Leon Boulevard, Suite 800
Coral Gables, FL 33134
Robert D. Peltz, Esquire
Leesfield & Partners, P.A.
2350 South Dixie Highway
Miami, FL 33133
William L. Summers, Esquire
Lane, Reese, Summers, Ennis & Perdomo
Douglas Centre, Suite 304
2600 Douglas Road
Coral Gables, FL 33134
CASE NO. 10-CV-22236-ASG
Greg M. Gaebe, Esquire
Gaebe, Mullen, Antonelli, Esco & DiMatteo
420 South Dixie Highway, 3rd Floor
Coral Gables, FL 33146
Ubaldo J. Perez, Jr., Esquire
Law Office of Ubaldo J. Perez, Jr., P.A.
8181 N.W. 154 Street, Suite 210
Miami Lakes, FL 33016
I HEREBY CERTIFY that on August 26, 2011, I electronically filed the
foregoing document with the Clerk of the Court using CM/ECF. I also certify that the
foregoing document is being served this day on all counsel of record identified on the
attached Service List in the manner specified, either via transmission of Notices of
Electronic Filing generated by CM/ECF or in some other authorized manner for those
counsel or parties who are not authorized to receive electronically Notices of Electronic
Filing.
WICKER, SMITH, O'HARA, MCCOY &
FORD, P.A.
Attorney for Howard K. Crompton and
Andrew L. Schmidt
2800 Ponce de Leon Boulevard
Suite 800
Coral Gables, FL 33134
Phone: (305) 448-3939
Fax: (305) 441-1745
By: __/s/ Frederick E. Hasty III ________
Frederick E. Hasty III
Florida Bar No. 260606
CASE NO. 10-CV-22236-ASG
Service List
Ira H. Leesfield, Esquire
Leesfield & Partners, P.A.
2350 South Dixie Highway
Miami, FL 33133
Robert D. Peltz, Esquire
Leesfield & Partners, P.A.
2350 South Dixie Highway
Miami, FL 33133
William S. Reese, Esquire
Lane, Reese, Summers, Ennis & Perdomo
Douglas Centre, Suite 304
2600 Douglas Road
Coral Gables, FL 33134
Greg M. Gaebe, Esquire
Gaebe, Mullen, Antonelli, Esco & DiMatteo
420 South Dixie Highway, 3rd Floor
Coral Gables, FL 33146
William L. Summers, Esquire
Lane, Reese, Summers, Ennis & Perdomo
2600 Douglas Road, Suite 304
Coral Gables, FL 33134
Ubaldo J. Perez, Jr., Esquire
Law Office of Ubaldo J. Perez, Jr., P.A.
8181 N.W. 154 Street, Suite 210
Miami Lakes, FL 33016
Horace Clark, Esquire
U.S. Department of the Interior
Office of the Regional Solicitor
Southeast Region
75 Spring Street, S.W., Suite 304
Atlanta, GA 30303
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