United States District Court, M.D. Florida, Fort Myers Division
DANIEL A. BERNATH, Plaintiff,
MARK CAMERON SEAVEY, Defendant.
MIRANDO, United States Magistrate Judge
matter comes before the Court upon review of The American
Legion and Mark Cameron Seavey's Motion to Extend
Scheduling Order Deadlines (Doc. 100) filed on November 30,
initiated this action by filing a complaint against Defendant
Mark Cameron Seavey (“Seavey”) on June 16, 2015,
to which Seavey responded on July 8, 2015 with an answer,
affirmative defenses, and counterclaims. Docs. 1; 10. On
December 7, 2015, the Court entered a Case Management and
Scheduling Order (“CMSO”) setting forth the case
deadlines as follows: December 5, 2016 for completion of
discovery; December 19, 2016 for completion of mediation;
January 9, 2017 for filing dispositive motions; March 17,
2017 for the in-person meeting to prepare a joint final
pretrial statement; and March 31, 2017 for the filing of a
joint final pretrial statement. Doc. 62 at 1-2. The Court
scheduled the final pretrial conference to take place on
April 21, 2017 and the trial term to begin on May 1, 2017.
Id. at 2. With the Court's permission, The
American Legion intervened on May 2, 2016. Docs. 66; 67.
courts have broad discretion when managing their cases in
order to ensure that the cases move to a timely and orderly
conclusion. Chrysler Int'l Corp. v. Chemaly, 280
F.3d 1358, 1360 (11th Cir. 2002). Rule 16 requires a showing
of good cause for modification of a court's scheduling
order. Fed.R.Civ.P. 16(b)(4). “This good cause standard
precludes modification unless the schedule cannot be met
despite the diligence of the party seeking the
extension.” Sosa v. Airprint Sys., Inc., 133
F.3d 1417, 1418 (11th Cir. 1998) (internal quotations and
citations omitted). Here, Defendants claim that Plaintiff has
not complied with his discovery obligations; absent
substantive discovery, the parties will not be able to
participate in mediation or prepare the case for trial. Doc.
100. The Court recently granted Defendants' motions to
compel discovery and ordered Plaintiff to reply to
Defendants' discovery requests by December 12, 2016. Doc.
101 at 19-21. Although the Court finds good cause to grant an
extension of the remaining CMSO deadlines, it is not inclined
to grant a six-month extension, as Defendants request. As
stated in the Local Rules of this district, “[i]t is
the goal of the court that a trial will be conducted in all
Track Two Cases within two years after the filing of the
complaint, and that most such cases will be tried within one
year after the filing of the complaint.” M.D. Fla. R.
it is hereby
American Legion and Mark Cameron Seavey's Motion to
Extend Scheduling Order Deadlines (Doc. 100) is
GRANTED in part and DENIED in part. An
Amended Case Management and Scheduling Order will be entered
under separate cover.
 The Court only sets forth those
deadlines that have not already passed and are relevant to
the instant motion. The deadlines that have passed ...