U.S. ex rel. Stone Bridge Constr. Servs., LLC v. N. Am. Specialty Ins. Co.
U.S. ex rel. Stone Bridge Constr. Servs., LLC v. N. Am. Specialty Ins. Co.
2022 WL 904820 (M.D. Fla. 2022)
March 3, 2022
Davis, Brian J., United States District Judge
Summary
The court granted NASIC additional time to evaluate Plaintiff's supplemental expert report and granted the parties' unopposed motion for a continuance of trial. The court also has broad discretion in managing pretrial discovery matters and the preference is for full discovery whenever possible, including any ESI which may provide evidence relevant to the supplemental expert report.
UNITED STATES OF AMERICA for the use of Stone Bridge Construction Services, LLC, Plaintiff,
v.
NORTH AMERICAN SPECIALTY INSURANCE COMPANY, Defendant/Third Party Plaintiff
DEVELOPERS SURETY AND INDEMNITY COMPANY Third Party Defendants
v.
NORTH AMERICAN SPECIALTY INSURANCE COMPANY, Defendant/Third Party Plaintiff
DEVELOPERS SURETY AND INDEMNITY COMPANY Third Party Defendants
Case No. 3:19-cv-514-BJD-PDB
United States District Court, M.D. Florida
Filed March 03, 2022
Davis, Brian J., United States District Judge
ORDER
*1 THIS CAUSE is before the Court on Defendant North American Specialty Insurance Company's (“NASIC”) Motion to Strike Plaintiff's Supplemental Expert Report, or, in the alternative, to Reopen Discovery for a Period of No Less than 90 Days (Doc. 64) and the parties’ Unopposed Motion for Continuance of Trial (Doc. 66). The operative case management and scheduling order set this matter for trial in April 2022. (Doc. 51). Despite the proximity to trial, discovery is not yet complete, though the parties differ as to why that is the case. (Docs. 64 and 65). One of NASIC's proposed remedies is to allow it time to conduct discovery regarding a late-filed supplemental expert report. Id. Plaintiff has no objection to NASIC engaging in discovery necessary to evaluate the supplemental expert report.
The Court enjoys “broad discretion in managing pretrial discovery matters” and the preference [is] for “full discovery whenever possible[.]” Jones v. RS&H, Inc., No. 8:17-CV-54-T-24JSS, 2018 WL 11267742, at *3 (M.D. Fla. Jan. 25, 2018) (internal quotations omitted), objections overruled, No. 8:17-CV-54-T-24 JSS, 2018 WL 11267529 (M.D. Fla. Feb. 21, 2018), aff'd sub nom. Jones v. RS & H, Inc., 775 F. App'x 978 (11th Cir. 2019). Allowing the parties additional time to ensure that discovery is complete is within the Court's discretion, causes minimal prejudice, and is in accordance with the Court's preference for full discovery.
Accordingly, after due consideration, it is
ORDERED:
1. Defendant North American Specialty Insurance Company's Motion to Strike Plaintiff's Supplemental Expert Report, or, in the alternative, to Reopen Discovery for a Period of No Less than 90 Days (Doc. 64) is GRANTED to the extent that the Court will afford North American Specialty Insurance Company additional time to evaluate Plaintiff's supplemental expert report.
2. The parties’ Unopposed Motion for Continuance of Trial (Doc. 66) is GRANTED. The Second Amended Case Management and Scheduling Order (Doc. 51) is VACATED. A third amended case management and scheduling order will enter setting this matter for trial in July 2022. All discovery must be completed on or before May 31, 2022.
DONE and ORDERED in Jacksonville, Florida this 3rd day of March, 2022.