Goggans v. Liberty American Select Insurance Company

Full title: JULIE ANN GOGGANS, Plaintiff, v. LIBERTY AMERICAN SELECT INSURANCE COMPANY…

Court: United States District Court, M.D. Florida, Tampa Division

Case No. 8:08-cv-01897-SCB-MAP.

Date published: Aug 17, 2009

Fact:

  • The case management and scheduling order set deadlines for completion of discovery by August 10, 2009, and mediation by August 24, 2009.
  • Neither party sought an extension of the discovery deadline before it expired.
  • The defendant notified the court on January 26, 2009, that the parties had selected Robert F. Santos as the mediator.
  • The parties had more than six months to schedule mediation with Mr. Santos to meet the court’s deadline.
  • The court directed the parties on August 7, 2009, to inform the court of the mediation date.
  • The parties informed the court that they scheduled mediation with Mr. Santos for September 24, 2009, one month after the court’s deadline for mediation.

Issue:

  • Whether the court should grant an extension of the mediation deadline and deny an extension of the discovery and dispositive motions deadline.
  • Whether the parties have shown good cause for failing to comply with the court’s scheduling order.

Decision:

  • The court notes that neither party sought an extension of the discovery deadline before it expired.
  • The parties did not provide sufficient explanation for their failure to comply with the court’s deadlines.
  • The court agrees to extend the mediation deadline to September 25, 2009, to accommodate the scheduled mediation with Robert Santos on September 24, 2009.
  • No other deadlines will be extended.
  • The joint motion for extension of time to complete mediation is granted, while the joint motion for extension of time for discovery and for filing dispositive motions is denied.

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