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P.I.: Other | Florida Middle
Order
ENDORSED ORDER: The plaintiffs' opposed motion to amend the Case Management Scheduling Order (Doc. 45) is denied. Under Federal Rule of Civil Procedure 16(b)(4), a scheduling order may be "modified only for good cause and with the judge's consent." The "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). The plaintiffs have not "show[n] the requisite level of diligence." Oravec v. Sunny Isles Luxury Ventures, L.C., 527 F.3d 1218, 1232 (11th Cir. 2008). In the motion, the plaintiffs seek to justify the extension because they were "unable to comply with the deadlines... due to unavoidable calendar conflicts for counsel and witnesses." Doc. 45 at 1. Yet nothing in the plaintiffs' motion provides any detail concerning 1) the plaintiffs' attempts to comply with the Court's deadlines, 2) why these calendar conflicts were unavoidable, or 3) why the plaintiffs' waited over a month after the close of discovery and a day after the deadline to file dispositive motions before requesting an extension. See Sosa , 133 F.3d at 1418. Nor does the motion explain why granting the extension would not impose prejudice on the defendants. See Taylor v. Allworth, No. 8:19-CV-1761-KKM-TGW, 2021 WL 5041030, at *3 (M.D. Fla. Oct. 30, 2021). Because the plaintiffs' failed to show "diligen[ce] in seeking an extension," I exercise my discretion "to decline to modify" the scheduling order. See West v. Butler Cnty. Bd. of Educ., No. 23-10186, 2024 WL 2697987, at *1 (11th Cir. May 24, 2024) (citing Oravec v. Sunny Isles Luxury Ventures, L.C., 527 F.3d 1218, 1232 (11th Cir. 2008)). Signed by Judge Kathryn Kimball Mizelle on 8/20/2026. (DRD)
Extension of Time to Complete Discovery
First MOTION for Extension of Time to Complete Discovery by Michel Garcia, Yenisley Milian. (Abad, Andrea)
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