Taylor v. Standard Insurance Company
| KEVIN F TAYLOR and Kevin F. Taylor |
| Standard Insurance Company |
| 9:2020cv81394 |
| August 25, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Labor: E.R.I.S.A. |
| 28 U.S.C. ยง 1132 |
| None |
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Filing 13
PAPERLESS ORDER regarding the Parties' Joint Discovery Plan. (DE #12 ). Pursuant to the directives contained in the Court's Pretrial Scheduling Order (DE #8 at 1-2), the Parties have filed their Joint Discovery Plan. In addition to addressing the matters required under Fed. R. Civ. P. 26(f) and the Court's Order, the Parties' Joint Discovery Plan also seeks a modification of the deadlines contained in the Pretrial Scheduling Order. (See DE #12 at 3, 4). I decline to extend any deadline based upon the present record. The Parties are advised that, pursuant to Rule 7(b), "[a] request for a court order must be made by motion," which must "state with particularity the grounds for seeking the order." Fed. R. Civ. P. 7(b). The Scheduling Order may be modified only upon a showing of "good cause." 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) (citing Fed. R. Civ. P. 16 advisory committee's note). In the event that the Parties intend to file a motion to modify the Pretrial Scheduling Order, they are advised that such motion should include specific facts to support the extensions, including an explanation of why they cannot comply with the current litigation schedule, or what specific obstacles the Parties believe they will encounter with respect to delays or problems meeting the current schedule. Generalized references to the perceived complexity of the case will not suffice. Also, I note that the Parties suggest in their Discovery Plan that they would like to mediate early in order to avoid expending unnecessary resources on discovery. The court always encourages litigants to explore opportunities to amicably resolve their cases at an early stage. However this does not constitute good cause to delay the pretrial schedule for two months. The Parties are further reminded that at any time, they may consent to the jurisdiction of United States Magistrate Judge Dave Lee Brannon, who generally allows litigants great flexibility in setting the course and schedule, including the trial date, of their case. The consent form can be found at Appendix A of the Pretrial Scheduling Order (DE #8 ). Signed by Judge Donald M. Middlebrooks on 10/15/2020. (kal)
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| Filing 12 Joint SCHEDULING REPORT - Rule 26(f) by Kevin F. Taylor (Ortiz, Nick) |
| Filing 11 NOTICE of Mediator Selection. Selected/Added David W. Hiers as Mediator. (Ortiz, Nick) |
| Filing 10 Certificate of Other Affiliates/Corporate Disclosure Statement by Standard Insurance Company identifying Corporate Parent Stancorp Financial Group, Inc. for Standard Insurance Company (Furman, Wendy) |
| Filing 9 ANSWER and Affirmative Defenses to Complaint by Standard Insurance Company. (Furman, Wendy) |
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Filing 8
PRETRIAL SCHEDULING ORDER: ( Amended Pleadings due by 10/19/2020., All Discovery due by 2/8/2021., Joinder of Parties due by 10/19/2020., In Limine Motions due by 2/22/2021., Motions due by 2/22/2021., Pretrial Stipulation due by 3/29/2021.), and ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 9/28/2020. See attached document for full details. (ls)
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Filing 7
PAPERLESS ORDER granting in part #5 Defendant's Unopposed Motion for Extension of Time to Respond to Complaint. Defendant seeks to extend the deadline to answer Plaintiff's complaint by 14 days, citing only a generalized need for "additional time to investigate the issues" (DE #5 ). Motions to extend litigation deadlines must set forth good cause supported by specific facts. Defendant's motion is supported by a single conclusory assertion which does not provide the court with any basis upon which to evaluate whether good cause exists to grant the requested relief. Nevertheless I will grant the motion in part. Accordingly, the deadline for Defendant to respond to the Complaint is extended from September 23, 2020, to September 30, 2020. Future requests for extensions will be denied unless the moving party can establish that a particular deadline could not be met despite diligent efforts. (Answer due 9/30/2020 re: #1 Complaint filed by KEVIN F TAYLOR). Signed by Judge Donald M. Middlebrooks on 9/23/2020. (kal)
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Filing 6
ORDER REFERRING CASE AND SETTING TRIAL DATE: (Jury Trial set for 4/26/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 4/21/2021 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon to enter a Scheduling Order. Signed by Judge Donald M. Middlebrooks on 9/22/2020. See attached document for full details. (mc) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Standard Insurance Company. Attorney Wendy Lynn Furman added to party Standard Insurance Company(pty:dft). (Attachments: #1 Text of Proposed Order Proposed Order)(Furman, Wendy) |
| Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by KEVIN F TAYLOR. Standard Insurance Company served on 9/2/2020, answer due 9/23/2020. (Ortiz, Nick) |
| Filing 3 Summons Issued as to Standard Insurance Company. (drz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (drz) |
| Filing 1 COMPLAINT against Standard Insurance Company. Filing fees $ 400.00 receipt number AFLSDC-13408535, filed by KEVIN F TAYLOR. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Ortiz, Nick) |
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