Filed: Mar. 04, 2019
Latest Update: Mar. 04, 2019
Summary: ORDER DOUGLAS N. FRAZIER , Magistrate Judge . This matter comes before the Court upon review of the Joint Motion for Extension of Case Management Deadlines, construed as a Motion to Amend the Case Management and Scheduling Order ("CMSO") filed on March 1, 2019. Doc. 42. The parties request to extend the CMSO deadlines by 90 days. Id. at 2. For the reasons stated below, the motion is granted. Rule 16 requires a showing of good cause for modification of a court's scheduling order. Fed. R.
Summary: ORDER DOUGLAS N. FRAZIER , Magistrate Judge . This matter comes before the Court upon review of the Joint Motion for Extension of Case Management Deadlines, construed as a Motion to Amend the Case Management and Scheduling Order ("CMSO") filed on March 1, 2019. Doc. 42. The parties request to extend the CMSO deadlines by 90 days. Id. at 2. For the reasons stated below, the motion is granted. Rule 16 requires a showing of good cause for modification of a court's scheduling order. Fed. R. ..
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ORDER
DOUGLAS N. FRAZIER, Magistrate Judge.
This matter comes before the Court upon review of the Joint Motion for Extension of Case Management Deadlines, construed as a Motion to Amend the Case Management and Scheduling Order ("CMSO") filed on March 1, 2019. Doc. 42. The parties request to extend the CMSO deadlines by 90 days. Id. at 2. For the reasons stated below, the motion is granted.
Rule 16 requires a showing of good cause for modification of a court's scheduling order. Fed. R. Civ. P. 16(b)(4). "The diligence of the moving party should be considered in determining whether there is good cause to extend a deadline." Jozwiak v. Stryker Corp., No. 6:09-cv-1985-Orl-19GJK, 2010 WL 743834, at *2 (M.D. Fla. Feb. 26, 2010). In other words, the moving party must demonstrate it could not meet the deadline despite its diligent efforts. Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1418 (11th Cir. 1998); Idearc Media Corp. v. Kimsey & Assocs., P.A., No. 807-CV-1024-T-17EAJ, 2009 WL 413531, at *2 (M.D. Fla. Feb. 18, 2009). District courts have broad discretion when managing their cases, including discovery and scheduling. Johnson v. Bd. of Regents of Univ. of Ga., 263 F.3d 1234, 1269 (11th Cir. 2001).
Here, the parties seek to extend the remaining deadlines in the CMSO (Doc. 23) by 90 days, as indicated below:
CMSO Deadline Proposed Deadline
Discovery Deadline March 11, 2019 June 11, 2019
Mediation March 25, 2019 June 25, 2019
Dispositive Motions, Daubert Motions and May 9, 2019 August 9, 2019
Markman Motions
Meeting In Person to Prepare Joint Final August 5, 2019 November 5, 2019
Pretrial Statement
Joint Final Pretrial Statement (Including a August 19, 2019 November 19, 2019
Single Set of Jointly Proposed Jury
Instructions and Verdict Form (a Word
version should also be e-mailed to the
Chambers e-mail address listed on the
Court's website), Voir Dire Questions,
Witnesses Lists, and Exhibit Lists on
Approved Form found on the Court's
website)
All Other Motions (including motions in August 26, 2019 November 26, 2019
limine) and Trial Briefs (non-jury trials)
Final Pretrial Conference September 16, 2019 To be determined by
Court based on
deadlines above
Trial Term October 7, 2019 To be determined by
Court based on
deadlines above1
The parties explain that they have diligently been conducting discovery and attempting to resolve the matter, but need more time for both. Doc. 42 at 2. Given the delays in discovery, the fact that Defendant's responsive pleading to the Second Amended Complaint is not due to be filed until March 13, 2019, which may change the parties' discovery plan, and that this is the parties' first request to amend the CMSO, the Court finds good cause to grant the motion and extend the deadlines by 90 days.
ACCORDINGLY, it is
ORDERED:
1. The Joint Motion for Extension of Case Management Deadlines, construed as a Motion to Amend the Case Management and Scheduling Order (Doc. 42) is GRANTED.
2. An amended case management and scheduling order will be issued by separate Order.
