Graziano v. Eagle Creek of Naples Condominium Assoc., Inc.

M.D. Florida

Graziano v. Eagle Creek of Naples Condominium Assoc., Inc.

DecidedFebruary 28, 2024

Docket2:22-cv-00034

StatusUnknown

This text of Graziano v. Eagle Creek of Naples Condominium Assoc., Inc. (Graziano v. Eagle Creek of Naples Condominium Assoc., Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Graziano v. Eagle Creek of Naples Condominium Assoc., Inc., (M.D. Fla. 2024).

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Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

THOMAS GRAZIANO,

Plaintiff,

v. Case No.: 2:22-cv-34-SPC-KCD

JEFFREY S. SCHELLING, P.A.,

Defendant. / ORDER Defendant Jeffery S. Schelling, P.A. filed a motion asking the Court to reconsider its order denying leave to extend the case management deadlines. (Doc. 159.) Defendant has since withdrawn the motion save for his request to move the dispositive motion deadline to accommodate production of a deposition transcript. (Doc. 162.) The Court finds good cause for this limited relief, and thus the dispositive motion deadline will be reset to April 1, 2024. The dispositive motion deadline cannot be pushed any further without impacting the remaining schedule (for which there is no good cause), and thus the Court suggests that Defendant expedite the deposition transcript. One last issue. Plaintiff has responded to the motion for reconsideration and separately asked “that discovery be extended one final time.” (Doc. 161 at 3.) But “[i]nclusion of this request for affirmative relief in the response rather than filing a motion is improper.” Robinson v. Dyck O'Neal, Inc., No. 3:15-CV- 988-J-39PDB, 2015 WL 133859441, at *1 (M.D. Fla. Dec. 1, 2015); see also Armington v. Dolgencorp, Inc., No. 3:07-CV-1130-J-JRK, 2009 WL 210728, at *2 (M.D. Fla. Jan. 20, 2009). Accordingly, it is hereby ORDERED: 1. Defendant Jeffery S. Schelling, P.A.’s Motion to Reconsider (Doc. 159) is DENIED EXCEPT AS FOLLOWS: the dispositive motion deadline is reset to April 1, 2024; all other deadlines from the case management order (Doc. 156) remain. ENTERED in Fort Myers, Florida on February 28, 2024.

Lo ee hele Label * Kale C. Dudek United States Magistrate Judge

Copies: All Parties of Record

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

THOMAS GRAZIANO,

Plaintiff,

v. Case No.: 2:22-cv-34-SPC-KCD

JEFFREY S. SCHELLING, P.A.,

Defendant. / ORDER Defendant Jeffery S. Schelling, P.A. filed a motion asking the Court to reconsider its order denying leave to extend the case management deadlines. (Doc. 159.) Defendant has since withdrawn the motion save for his request to move the dispositive motion deadline to accommodate production of a deposition transcript. (Doc. 162.) The Court finds good cause for this limited relief, and thus the dispositive motion deadline will be reset to April 1, 2024. The dispositive motion deadline cannot be pushed any further without impacting the remaining schedule (for which there is no good cause), and thus the Court suggests that Defendant expedite the deposition transcript. One last issue. Plaintiff has responded to the motion for reconsideration and separately asked “that discovery be extended one final time.” (Doc. 161 at 3.) But “[i]nclusion of this request for affirmative relief in the response rather than filing a motion is improper.” Robinson v. Dyck O'Neal, Inc., No. 3:15-CV- 988-J-39PDB, 2015 WL 133859441, at *1 (M.D. Fla. Dec. 1, 2015); see also Armington v. Dolgencorp, Inc., No. 3:07-CV-1130-J-JRK, 2009 WL 210728, at *2 (M.D. Fla. Jan. 20, 2009). Accordingly, it is hereby ORDERED: 1. Defendant Jeffery S. Schelling, P.A.’s Motion to Reconsider (Doc. 159) is DENIED EXCEPT AS FOLLOWS: the dispositive motion deadline is reset to April 1, 2024; all other deadlines from the case management order (Doc. 156) remain. ENTERED in Fort Myers, Florida on February 28, 2024.

Lo ee hele Label * Kale C. Dudek United States Magistrate Judge

Copies: All Parties of Record

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Graziano v. Eagle Creek of Naples Condominium Assoc., Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/graziano-v-eagle-creek-of-naples-condominium-assoc-inc-flmd-2024.