Filed: May 27, 2014
Latest Update: May 27, 2014
Summary: ORDER CAROL MIRANDO, District Judge. Before the Court is the parties' Joint Motion to Extend Deadlines to Permit Parties to Finalize Settlement Agreement ("Joint Motion") (Doc. 124), filed on May 23, 2014. By the Motion, the parties are requesting that the Court extend the deadlines for disclosing expert reports, completing discovery and filing dispositive, Daubert and Markman motions. Doc. 124 at 1. In support of the Motion, the parties note that Plaintiff filed a Notice of Settlement in
Summary: ORDER CAROL MIRANDO, District Judge. Before the Court is the parties' Joint Motion to Extend Deadlines to Permit Parties to Finalize Settlement Agreement ("Joint Motion") (Doc. 124), filed on May 23, 2014. By the Motion, the parties are requesting that the Court extend the deadlines for disclosing expert reports, completing discovery and filing dispositive, Daubert and Markman motions. Doc. 124 at 1. In support of the Motion, the parties note that Plaintiff filed a Notice of Settlement in ..
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ORDER
CAROL MIRANDO, District Judge.
Before the Court is the parties' Joint Motion to Extend Deadlines to Permit Parties to Finalize Settlement Agreement ("Joint Motion") (Doc. 124), filed on May 23, 2014. By the Motion, the parties are requesting that the Court extend the deadlines for disclosing expert reports, completing discovery and filing dispositive, Daubert and Markman motions. Doc. 124 at 1. In support of the Motion, the parties note that Plaintiff filed a Notice of Settlement in Principle (Doc. 122) on May 2, 2014 to inform the Court that the parties had accepted the mediator's proposal and would continue to finalize the details of the settlement agreement. Doc. 124 at 2; see Doc. 122. Thus, the parties state that, "[g]iven that this litigation has already been resolved in principle, it would be wasteful for the Parties to file expert disclosures and reports."1 Doc. 124 at 2. The Court agrees.
Rule 1, Federal Rules of Civil Procedure, provides that the Rules "should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding." Fed. R. Civ. P. 1. The Middle District of Florida Local Rules, which "are intended to supplement and complement the Federal Rules of Civil Procedure" and other federal rules and statutes, similarly provide:
They shall be applied, construed and enforced to avoid inconsistency with other governing statutes and rules of court, and shall be employed to provide fairness and simplicity in procedure, to avoid technical and unjustified delay, and to secure just, expeditious and inexpensive determination of all proceedings.
M.D. Fla. R. 1.01(b). The Court may also extend any deadline for "good cause." Fed. R. Civ. P. 6(b)(1). Extending the deadlines in this case may enable the parties to avoid incurring additional and unnecessary expenses.
Therefore, in light of the goals of the Federal and Local Rules and the parties' continued efforts to finalize a settlement this case, the Court finds good cause to grant the Joint Motion and will extend the deadlines as follows:
Disclosure of Expert Reports
Plaintiff: June 13, 2014
Defendants: July 15, 2014
Discovery Deadline August 14, 2014
Dispositive Motions, Daubert and August 22, 2014
Markman Motions
The Court will deny as moot Plaintiff's prior motions to extend the deadlines for expert disclosures (Docs. 120, 121).2
Because the Court is also extending the deadline by which to complete discovery, and in light of Plaintiff's Notice of Settlement in Principle, the Court will deny without prejudice Plaintiff FDIC-R's Motion to Compel Defendants to Properly Respond to the FDIC-R's First Sets of Interrogatories and Requests for Production ("Motion to Compel") (Doc. 104). Plaintiff may file a renewed Motion to Compel if the parties are unable to finalize settlement.3
ACCORDINGLY, it is hereby
ORDERED:
1. Joint Motion to Extend Deadlines to Permit Parties to Finalize Settlement Agreement (Doc. 124) is GRANTED as set forth above. The Clerk is directed to update the deadlines accordingly.
2. Plaintiff's Motion to Extend Deadlines to Disclose Expert Reports Due to Pending May 9, 2014 Deadline to Respond to Mediator Howard Tescher's Proposal for Settlement (Doc. 120) is DENIED AS MOOT.
3. Plaintiff's Amended Motion to Extend Deadlines to Disclose Expert Reports Due to Pending May 9, 2014 Deadline to Respond to Mediator Howard Tescher's Proposal for Settlement (Doc. 121) is DENIED AS MOOT.
4. Plaintiff FDIC-R's Motion to Compel Defendants to Properly Respond to the FDIC-R's First Sets of Interrogatories and Requests for Production (Doc. 104) is DENIED WITHOUT PREJUDICE.
DONE and ORDERED.
