McDaniel v. Bradshaw et al

Filing 42

ORDER granting in part and denying in part 37 Motion for Extension of Time to Complete Discovery. See Order for details. Order granting 39 Motion for Protective Order. Order resetting trial date and Answer date. Signed by Judge James I. Cohn on 4/13/2011. (prd)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 10-81082-CIV-COHN/Seltzer
MORRIS McDANIEL,
Plaintiff,
vs.
RIC L. BRADSHAW, as Sheriff of Palm
Beach County and the CITY OF
BOYNTON BEACH, as Boynton Beach
Police Department,
Defendants.
/
ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR EXTENSION OF DEADLINES
ORDER GRANTING PLAINTIFF’S EMERGENCY MOTION FOR PROTECTIVE ORDER
ORDER SETTING DEADLINE FOR ANSWER OF RIC BRADSHAW TO COUNT III
ORDER RESETTING TRIAL DATE
THIS CAUSE came before the Court on Plaintiff’s Motion for Extension of Deadlines
[DE 37], Defendant City of Boynton Beach’s Response [DE 41], and Plaintiff’s Emergency
Motion for Protective Order [DE 39]. The Court has carefully considered the filings and is
otherwise fully advised in the premises.
Plaintiff seeks to extend all deadlines in this action by forty-five days. The Court
notes that Defendant City of Boynton Beach does not oppose this relief. The Court also
notes that due to various pleading deficiencies and Plaintiff’s need to go through two
amendments to his Complaint, the answer of Defendant Palm Beach County Sheriff’s
Office is not yet due. Plaintiff also seeks a protective order for tomorrow’s scheduled
deposition of Plaintiff.1
1

Defendants have objected to rescheduling the deposition absent the entry of a
protective order given the present discovery deadline of April 15, 2011. Plaintiff’s prior
motion for extension of deadlines, filed on Saturday, April 9, 2011, also sought the
extension for the purpose of rescheduling Plaintiff’s deposition to avoid the job conflict
that Plaintiff has for this week.

Turning to Plaintiff’s explanation of the need for an extension of the discovery
deadline, Plaintiff has shown good cause for a continuance of a few weeks, partly because
of Plaintiff’s schedule as a teacher administering FCAT exams, and the prior difficulties in
scheduling Plaintiff’s deposition. In addition, the fact that Plaintiff’s remaining claim against
the Sheriff’s Office is not yet at issue, would suggest that the remaining depositions of
Plaintiff and the Sheriff’s Office witnesses be taken after an answer is filed. However,
these reasons do not justify a full forty-five day extension.
The Court will grant in part Plaintiff’s motion and extend the deadlines by four
weeks, including all remaining pretrial deadlines. The trial setting will need to be extended
by only two weeks given the present schedule.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

Plaintiff’s Emergency Motion for Protective Order [DE 39] is hereby GRANTED.
Plaintiff’s deposition shall be reset within the new deadline set below;

2.

Plaintiff’s Motion for Extension of Deadlines [DE 37] is hereby GRANTED in part as
follows:
Discovery cutoff

May 13, 2011

Dispositive motion deadline

May 27, 2011

Mediation Report Deadline

June 17, 2011

Motions in limine

July 14, 2011

Responses to Motions in Limine,
Joint Pretrial Stipulation and
Deposition Designations for Trial for
Unavailable Witnesses

July 22, 2011

2

Proposed Jury Instructions, and any
Calendar Call
Counter-designations and objections to
Deposition designations

3.

This case is reset for trial on the two week trial period commencing
August 1, 2011, with the Calendar Call reset for Thursday, July 28, 2011 at
9:00am.

4.

The Answer of Defendant Ric Bradshaw, as Sheriff for Palm Beach County, as to
Count III shall be due by April 26, 2010.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida,

this 13th day of April, 2011.

Copies provided to:
counsel of record on CM/ECF

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