United States District Court, M.D. Florida, Orlando Division
REPORT AND RECOMMENDATION
C. IRICK UNITES STATES MAGISTRATE JUDGE
cause comes before the Court for consideration without oral
argument on the following motion:
MOTION: DEFENDANT'S RENEWED MOTION TO DISMISS FOR
FAILURE TO ATTEND DEPOSITION AND TO PROVIDE RESPONSES TO
DISCOVERY REQUESTS AND MOTION FOR ATTORNEYS' FEES (Doc.
FILED: March 9, 2018
THEREON it is RECOMMENDED that the motion be
GRANTED in part and DENIED in
through counsel, instituted this case in November 2016, and
filed the operative complaint in December 2016. Docs. 1; 9.
Defendant filed its answer to the operative complaint in
February 2017, Doc. 18, and the Court entered a Case
Management Scheduling Order shortly thereafter, setting the
discovery deadline for October 27, 2017, Doc. 20.
2017, Plaintiff filed a Motion to Stay, in which he stated
that he became “incapacitated” during the
pendency of this case and was unsure when he will be able to
continue prosecuting the case. Doc. 25 at ¶¶ 1-2.
Thus, Plaintiff requested that the case be stayed four
months, and certified that Defendant did not oppose this
request. Id. at ¶ 5.
light of the Motion to Stay, the Court entered an Amended
Case Management and Scheduling Order, continuing all
remaining deadlines by four months, which, in turn, set the
discovery deadline for February 27, 2018. Doc. 26.
August 2017, Plaintiff's counsel filed a Motion to
Withdraw as Counsel, seeking to withdraw due to
irreconcilable differences. Doc. 27 at ¶ 3.
undersigned scheduled a hearing on the Motion to Withdraw as
Counsel for August 30, 2017, and directed Plaintiff to appear
at the hearing in person. Doc. 33. Plaintiff's and
Defendant's counsel appeared at the hearing, but
Plaintiff failed to appear. Doc. 34. The undersigned
ultimately entered an order denying without prejudice the
Motion to Withdraw as Counsel. Doc. 35.
January 3, 2018, Defendant served Plaintiff with a notice of
deposition setting his deposition for January 19, 2018, Doc.
52-4, but neither Plaintiff nor his counsel appeared at the
deposition, Doc. 52-5.
January 29, 2018, Plaintiff's counsel filed a Second
Motion to Withdraw as Counsel, seeking to withdraw as
Plaintiff's counsel due to irreconcilable differences and
an inability to communicate with Plaintiff. Doc. 49 at
February 5, 2018, Defendant filed a Motion to Dismiss for
Failure to Attend Deposition or in the Alternative to Compel
Plaintiff's Deposition and Responses to Discovery
Requests and Motion for Attorney Fees (Motion to Dismiss),
arguing that Plaintiff has failed provide complete responses
to Defendant's written discovery, and failed to appear at
his January 19, 2018 deposition. Doc. 52. Thus, Defendant
requested that the case either be dismissed, or that
Plaintiff be ordered to comply with his discovery
undersigned scheduled a hearing on the Second Motion to
Withdraw as Counsel and the Motion to Dismiss (collectively,
the Motions) for February 13, 2018, and directed Plaintiff to
appear at the hearing in person. Docs. 50; 53.
Plaintiff's and ...