Opinion
Case No. 2:10-cv-237-FtM-36SPC.
June 7, 2011
ORDER
This matter comes before the Court on Plaintiff, Alexander Kaplan's Motion to Lift Discovery Stay and To Extend the Deadlines of the Case Management and Scheduling Order (Doc. #51) filed on May 12, 2011. On November 3, 2010 The District Court issued an Order (Doc. #40) stating that the Complaint was a "classic example of a shotgun pleading," and must be dismissed. A complaint is a shotgun pleading when it contains several counts, each one incorporating by reference the allegations of its predecessors, leading to a situation where most of the counts (i.e., all but the first) contain irrelevant information and/or legal claims. Wagner v. First Horizon Pharmaceutical Corp., 464 F.3d 1273, 1279 (11th Cir. 2006); Strategic Income Fund, LLC v. Spear, Leeds Kellog Corp., 305 F.3d 1293, 1295 (11th Cir. 2002); Berger v. Slagter Son Construction Co., 2010 WL 1644937 *2 (M.D. Fla. Apr. 21, 2010).
The Defendant was given twenty-one (21) days from the date of the Order to file an Amended Complaint. On November 9, 2010, the Plaintiff filed an Amended Complaint which corrected the issues which the Court cited as creating a "shotgun complaint." Therefore, the request for the Amended Complaint to move forward is granted. It should be noted here, as it was in the Order to Dismiss (Doc. #40), that the "issues of subject matter jurisdiction, res judicata, abstention and other defenses" have not yet been reviewed. These issues are more properly addressed in a Rule 12(b)(6) motion to dismiss, than at this stage in the proceedings.
The request to lift the Discovery Stay (Doc. #42), and extend the deadlines listed in the Case Management and Scheduling Order (Doc. #24) by five (5) months is granted. This five month period is fair and reasonable in light of the length of the Discovery Stay, November 5, 2010 through the date of this order, June 6, 2011.
The Plaintiff's request to extend the length of trial from "4-5 days to 8-10 days" is denied. The Plaintiff's had sufficient time and ability to request extra accommodations in the initial Case Management Report submitted to the court (Doc. #23) and failed to do so.
Accordingly, it is now
ORDERED:
The Plaintiff, Alexander Kaplan's Motion to Lift Discovery Stay and To Extend the Deadlines of the Case Management and Scheduling Order (Doc. #51) is GRANTED in part and DENIED in part.
1. The Plaintiff, Alexander Kaplan's Motion to Lift Discovery Stay is GRANTED,
2. The Plaintiff, Alexander Kaplan's Motion to Extend Discovery Deadline is GRANTED,
3. The Plaintiff, Alexander Kaplan's Motion to Extend Trial Dates is DENIED,
4. The Case Management and Scheduling Order is modified as follows:26 Daubert Markman Including In Limine Mandatory Initial Disclosures (pursuant to Immediately Fed.R.Civ.P. (a)(1) as amended effective December 1, 2000) Certificate of Interested Persons and Corporate Immediately Disclosure Statement by all parties who have not previously filed Motions to Add Parties or to Amend Pleadings Immediately Disclosure of Experts Plaintiff: February 2, 2012 Defendant: March 3, 2012 Discovery Deadline April 2, 2012 Mediation Deadline: April 16, 2012 Mediator: Address: Telephone: If no Mediator is selected herein the Parties shall file a stipulation selecting a mediator within eleven days of the date of this Order Dispositive Motions, , and May 2, 2012 Motions Meeting In Person to Prepare Joint Final July 17, 2012 Pretrial Statement (Including a Single Set of Jointly Proposed Jury Instructions and Verdict Forms (With diskette), Voir Dire Questions, Witnesses Lists, Exhibit Lists on Approved Form) Joint Final Pretrial Statement ( a Single July 27, 2012 Set of Jointly Proposed Jury Instructions and Verdict Form, Voir Dire Questions, Witnesses Lists, Exhibit Lists on Approved Form All Other Motions Including Motions July 27, 2012 , Trial Briefs Final Pretrial Conference Date: August 20, 2012 Time: 1:30 P.M. Judge: Hon. Charlene Edwards Honeywell Trial Term Begins September 4, 2012 (Trials Before Magistrate Judges Begin on Date Certain) Estimated Length of Trial 4-5 days Jury/Non Jury Jury DONE AND ORDERED at Fort Myers, Florida.