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Hallmark Insurance Co. v. Maxum Casualty Insurance Co.

United States District Court, M.D. Florida, Orlando Division

September 18, 2017

HALLMARK INSURANCE COMPANY, Plaintiff,
v.
MAXUM CASUALTY INSURANCE COMPANY, Defendant.

          ORDER

          ROY B. DALTON JR. UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on the following matters: (1) Plaintiff's Motion to Extend All Deadlines and Continue Trial Date and Incorporated Memorandum of Law (Doc. 71); (2) Maxum's Opposition to Hallmark's Motion to Extend All Deadlines and Continue Trial Date and Incorporated Memorandum of Law (Doc. 79); (3) U.S. Magistrate Judge Gregory J. Kelly's Report and Recommendation (Doc. 95 (“R&R”)); and (4) the parties' Joint Notice of No Objection (Doc. 96).

         Legal Standards

         When written objections to the proposed findings and recommendations in a magistrate judge's report and recommendation are filed, the district court must make a de novo determination of the portions of the report to which an objection is made. 28 U.S.C. § 636(b)(1). But when the litigants have no specific objections, the district court reviews the report and recommendation for clear error. See Garvey v. Vaugh, 993 F.2d 776, 779 n.9 (11th Cir. 1993); Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016). Ultimately, the district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C).

         Discussion

         On August 2, 2017, Plaintiff filed a motion requesting that all of the deadlines currently set in this action (see Docs. 33, 55) be extended by ninety days (Doc. 71 (“Motion”)). On referral, U.S. Magistrate Judge Gregory J. Kelly (“Judge Kelly”) conducted a hearing on September 13, 2017, to address discovery and scheduling issues (“Hearing”). (Doc. 94.) In accordance with the parties' representations at the Hearing, Judge Kelly recommended in his R&R that the Motion be granted in part and denied in part. (Doc. 95.) Specifically, the R&R recommends that: (1) the Court extend the current deadlines by one month; (2) two deposition be conducted every week; and (3) the parties file joint weekly status reports. (Doc. 95, p. 2.)

         On September 15, 2017, the parties filed a joint notice that they have no objections to the R&R. (Doc. 96.) Given the absence of objections, the Court has reviewed the R&R for clear error, and the Court has found none. As such, the R&R is due to be adopted in its entirety.

         Conclusion

         Upon consideration, IT IS ORDERED that:

         (1) U.S. Magistrate Judge Gregory J. Kelly's Report and Recommendation (Doc. 95) is ADOPTED, CONFIRMED, and made part of this Order.

         (2) Plaintiff's Motion to Extend All Deadlines and Continue Trial Date and Incorporated Memorandum of Law (Doc. 71) is GRANTED IN PART AND DENIED IN PART.

         (3) The current deadlines are extended by one month as set forth in the following table:

Event

Deadline

Plaintiff's Expert Witness Disclosures

September 29, 2017

Defendant's Expert Witness Disclosures

October 27, 2017

Summary Judgment & Daubert

November 13, 2017

Summary Judgment & Daubert

December 13, 2017

A Single Motion in Limine & any other

Non-Dispositive Motions

March 22, 2018

Pre-Trial Meeting (In Person)

April 2, 2018

Joint Final Pre-Trial Statement (“PTS”)

*Case Completely Prepared for Trial*

April 9, 2018

Final Pre-Trial Conference

April 19, 2018

Submission of Trial Materials (including

Deposition Designations and Revised Witness

Lists, Exhibit Lists, Voir Dire Questions, and

Jointly Proposed Jury Instructions and Verdict

Form)

April 26, 2018

Commencement of Jury Trial Term

May 7, 2018

         (4) The parties are DIRECTED to conduct two ...


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