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Great American Assurance Company, A Foreign Corporation v. Sanchuk

December 21, 2011

GREAT AMERICAN ASSURANCE COMPANY, A FOREIGN CORPORATION, PLAINTIFF,
v.
SANCHUK, LLC, A FLORIDA CORPORATION, AND CHUCK ELLIOTT, A FLORIDA CITIZENS, DEFENDANTS.
SANCHUK, LLC, A FLORIDA CORPORATION, AND CHUCK ELLIOTT, A FLORIDA CITIZENS, COUNTER-CLAIMANTS,
v.
GREAT AMERICAN ASSURANCE COMPANY, A FOREIGN CORPORATION, AND WELLINGTON F. ROEMER INSURANCE AGENCY, INC., A FOREIGN CORPORATION, COUNTER-DEFENDANTS.



ORDER

This cause comes before the Court pursuant to Plaintiff Great American's Motion for Reconsideration (Doc. # 51). Counter-defendant Wellington F. Roemer Insurance Agency, Inc. filed a Response in Opposition thereto (Doc. # 53).

This Court previously entered an Order (Doc. # 50) granting Roemer's Motion for a Ninety Day Enlargement of Case Management Deadlines. Great American now moves for reconsideration of the Court's Order, arguing that Roemer failed to show good cause and excusable neglect before seeking to extend the expired expert witness disclosure deadline.*fn1

Doc. # 51 at 2. Roemer argues that it set forth in its motion that it was requesting the extension because it was joined late in this action, was not a party to the case management conference, has not had a meaningful opportunity to conduct substantive discovery, and a key witness to Roemer's defense is currently unable to provide deposition testimony due to medical reasons. Doc. # 53 at 4. The reasons set forth by Roemer are sufficient for extending the expert disclosure deadline even when requested after the expiration of the deadline. The Court further finds that Great American has not established a basis for reconsideration of the Court's previous Order.*fn2

Accordingly, it is

ORDERED, ADJUDGED, and DECREED: Plaintiff Great American's Motion for Reconsideration (Doc. # 51) is DENIED.

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