Opinion
Case No. 04-20257-CIV-UNGARO-BENAGES.
January 6, 2005
ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S VERIFIED MOTION FOR A CONTINUANCE
THIS CAUSE is before the Court upon Plaintiff's Verified Motion for a Continuance, filed December 28, 2004.
THE COURT has considered the motion and the pertinent portions of the record and is otherwise fully advised in the premises. By way of background, on March 31, 2004 the parties filed a joint scheduling report representing that "[t]he Synagogue and the City believe that they can complete deposition examinations within thirty (30) days from the entry of a scheduling order." Upon this representation, the Court entered on June 1, 2004 a pretrial scheduling order setting a November 19, 2004 deadline for the completion of all discovery. This deadline has expired and Plaintiff has not moved to enlarge the time within which discovery may be completed. Plaintiff now moves for an enlargement of time within which to respond to Defendant's motion for summary judgment, filed on December 27, 2004. As cause for this enlargement, Plaintiff states that it has not yet had the opportunity to depose the City of Aventura city manager as a result of several continuances to which Plaintiff's counsel has agreed and the unexpected hospitalization of the city manager. Plaintiff states that the city manager will be available for deposition during the third week of January 2005 and requests that it be allowed to conduct this deposition prior to responding to Defendant's motion for summary judgment.
Plaintiff, however, does not address the facts that the discovery period in this case has already closed, Plaintiff's inability to complete discovery during the six months that the Court has allowed for discovery and Plaintiff's failure to complete discovery notwithstanding Plaintiff's representation on March 31, 2004 that discovery could be completed within one month from that date. Accordingly, it is
ORDERED AND ADJUDGED that Plaintiff's Verified Motion for a Continuance is DENIED WITHOUT PREJUDICE. The Court grants Plaintiff leave to file a motion seeking to enlarge the discovery period for the limited purpose of conducting the deposition of the city manager. Such motion shall specify the date on which the deposition shall take place and Plaintiff's response to Defendant's motion for summary judgment shall be filed ten days after the date on which this deposition is conducted. If Plaintiff chooses to refile this motion, Plaintiff shall also included a list of all depositions that have been taken in this case and the dates when they were taken. Upon receipt of this motion, the Court shall reset the pretrial and trial dates accordingly.
DONE AND ORDERED.