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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO: 20-21707-CIV-MARTINEZ-BECERRA 

RAYMOND JAMES FINANCIAL, INC., 

Plaintiff, 

vs. 

FEDERAL INSURANCE COMPANY; 

TRAVELERS CASUALTY AND SURETY 

COMPANY OF AMERICA; GREAT 

AMERICAN INSURANCE COMPANY; 

BEAZLEY INSURANCE COMPANY, INC.; AND 

ST. PAUL MERCURY INSURANCE COMPANY 

Defendants. 

DEFENDANT FEDERAL INSURANCE COMPANY’S MOTION TO EXTEND TIME 

TO RESPOND TO PLAINTIFF’S DAUBERT MOTION 

Federal Insurance Company (“Federal”) moves this Honorable Court for a 7-day extension 

of time to respond to Plaintiff’s Daubert Motion to Exclude Testimony of Defendants’ Experts 

Gregory Hagarty and Sander Ressler and Memorandum of Law In Support Thereof [ECF NO. 

127] (the “Motion”). In support of its motion, Federal states: 

1. Federal requests an extension of time to respond to the Motion as lead counsel was 

out on a pre-arranged vacation booked on January 18, 2021. In the interim, co-counsel 

unexpectedly went on maternity three weeks earlier than initially planned. The response is 

currently due on August 13, 2021. In light of these two events, Federal respectfully requests a 

seven (7) day extension of time, up until August 20, 2021, to respond to the Motion. Federal 

requests the extension apply to all Defendant Insurers (“Defendants”) as they are working together 

to file a single, coordinated response. 

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EVENTS LEADING TO THE FILING OF THIS MOTION 

2. On April 23, 2020, Plaintiff filed this action seeking insurance coverage under a 

$60 million dollar tower of fidelity bonds. Plaintiff filed its Amended Complaint on July 8, 2020 

[ECF NO. 39] and each defendant timely filed answers and affirmative defenses. 

3. Due to complex nature of the case, Federal sought leave of court to take the 

depositions of a total of fifteen witnesses in this matter. On May 26, 2021, magistrate Judge John 

J. O’Sullivan (the magistrate formerly assigned to this matter) granted Federal’s request to take 

the additional depositions [ECF NO. 89]. The court thereafter extended the discovery deadline 

until July 21, 2021 [ECF NO. 106]. 

4. On July 30, 2021, Defendants filed their Daubert and Summary Judgment Motions 

under seal. [ECF NO. 128; 129; and 130]. 

5. On July 30, 2021, the court entered an order denying without prejudice Defendants’ 

Motion to Exclude Plaintiff’s Experts, ordering Insurers to “file a motion for leave to file under 

seal that sets forth the factual and legal basis for departing from the policy that Court filings are 

public and that describes the information or documents to be sealed [] with as must particularity 

as possible[.]” [ECF NO. 131]. 

6. On August 2, 2021, the Court entered another order, ordering Defendants to do the 

same with respect to their Motion for Summary Judgment. [ECF NO. 132]. 

7. On August 3, 2021, Plaintiff filed a Motion for Extension of Time to File Responses 

to Defendants’ Daubert and Summary Judgment Motions. [ECF NO. 134]. The responses were 

originally due on August 13, 2021, and the Court granted Plaintiffs a fourteen (14) day extension, 

up until August 27, 2021 to file their responses. [ECF NO. 139]. 

8. On August 5, 2021, Defendants conferred with Plaintiff regarding Plaintiff’s 

request to keep Defendant Insurers’ Motion for Summary Judgment and Daubert Motions under 

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Seal. Defendants filed a Joint Motion to Seal Defendants’ Motion to Exclude Plaintiff’s Experts, 

Defendants’ Motion for Summary Judgment, and Defendants’ Statement of Material Facts. [ECF 

NO. 137]. The Court has not yet ruled on the joint motion. 

MEMORANDUM OF LAW 

9. The Federal Rules of Civil Procedure permit extensions of time “for good cause.” 

Fed. R. Civ. P. 6 and 16. “The good cause standard required to modify a scheduling order 

precludes modification unless the schedule ‘cannot be met despite the diligence of the party 

seeking the extension.’” De Varona v. Discount Auto Parts, LLC, 285 F.R.D. 671, 672 (S.D. Fla. 

2012); see also People for Ethical Treatment of Animals, Inc. v. Miami Seaquarium, No. 1:15-cv22692-UU, 2016 WL 7540433 (S.D. Fla. Jan. 21, 2016). Thus, “diligence is the key to satisfying 

the good cause requirement.” De Varona, 285 F.R.D. at 672-73. 

10. Here, Federal respectfully submits that good cause for an extension of time exists 

because lead counsel had planned for co-counsel to draft responses to the Motion in his absence; 

and co-counsel unexpectedly went on maternity leave three weeks early. Accordingly, this motion 

meets all of the criteria required by the Court for granting an extension of time and the enlargement 

of time is needed for the reasons stated above. See Fed. R. Civ. P. 6 (b) and S.D. Fla. L.R. 

7(A)(1)(j). 

11. The requested extension is not for the purposes of delay and the extension will not 

prejudice the Parties or unduly extend this case beyond the time required to accommodate the 

scheduling conflict. The matter is currently scheduled for trial during the two-week trial period 

commencing October 25, 2021. 

12. Therefore, Federal respectfully requests this Court grant a seven-day extension of 

time, up until August 20, 2021, to respond to Plaintiff’s Motion. 

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WHEREFORE, Federal respectfully requests that this Court grant its Motion to Extend 

Time to Respond to Plaintiff’s Daubert Motion, as set forth herein, and together with such other 

and further relief as this Court shall deem appropriate. 

CERTIFICATE OF CONFERENCE 

Undersigned counsel hereby certifies that in accordance with local rule 7.1(a)(3) they have 

conferred with counsel for Plaintiff in a good-faith effort and counsel does not oppose this motion. 

Dated: August 11, 2021 

Respectfully submitted, 

s/ Kristina L. Marsh

Kristina L. Marsh, Esq. 

Florida Bar No. 0311080 

GORDON REES SCULLY MANSUKHANI 

601 S. Harbor Island Blvd., Suite 109 

Tampa, FL 33602 

Telephone (Main): 813-444-9700 

Telephone (Direct) 813-523-4937 

Facsimile: 813-377-3505 

kmarsh@grsm.com 

fgude@grsm.com 

TampaPleadings@grsm.com

and 

Scott L. Schmookler, Esq. 

Sarah Riedl Clark, Esq. 

GORDON REES SCULLY MANSUKHANI 

One North Franklin, Suite 800 

Chicago, IL 60606 

Telephone: 312-980-6779 

sschmookler@grsm.com

srclark@grsm.com

Counsel for Federal Insurance Company 

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CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on August 11, 2021, a true and correct copy of the foregoing 

was electronically filed with the Clerk of the Court by using the CM/ECF system and was sent via 

electronic mail to: 

Jason S. Mazer, Esq. 

Florida Bar No. 0149871 

Joshua R. Alhalel, Esq. 

Florida Bar No. 0016320 

CIMO MAZER MARK PLLC 

100 Southeast Second Street, Suite 3650 

Miami, Florida 33131 

Telephone: (305) 374-6481 

Fax: (305) 374-6488 

jmazer@cmmlawgroup.com 

jalhalel@cmmlawgroup.com 

Counsel for Raymond James Financial, Inc. 

Dustin C. Blumenthal, Esq. 

Goldberg Segalla LLP 

222 Lakeview Avenue, Suite 800 

West Palm Beach, FL 33401 

dblumenthal@goldbergsegalla.com 

lparker@goldbergsegalla.com

Attorney for Defendant, Great American Insurance Company 

Stephen N. Dratch, Esq. 

Franzblau Dratch, P.C. 

354 Eisenhower Pkwy., Plaza One 

P.O. Box 472 

Livingston, NJ 07039 

sdratch@njcounsel.com

Co-Counsel for Defendant, Great American Insurance Company 

Ryan J. Weeks, Esq. 

Mills Pasckert Divers 

100 N. Tampa St., Suite 3700 

Tampa, FL 33602 

smills@mpdlegal.com

rweeks@mpdlegal.com 

csoltis@mpdlegal.com

Attorney for Defendant, Travelers Casualty and Surety Company of America 

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James Miller Kaplan, Esq. 

Kaplan Zeena LLP 

2 S. Biscayne Blvd., Suite 3050 

Miami, FL 33131 

james.kaplan@kaplanzeena.com

Elizabeth.salom@kaplanzeena.com

Service@kaplanzeena.com

Attorney for Defendant, Beazley Insurance Company, Inc. 

Michael Keeley, Esq. 

Clark Hill Strasburger 

901 Main Street, Suite 6000 

Dallas, TX 75202-3794 

mkeeley@clarkhill.com

jriddle@clarkhill.com

abrinkley@clarkhill.com

Co-Counsel for Defendant, Beazley Insurance Company, Inc.

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GORDON & REES, LLP 

s/Kristina L. Marsh 

Kristina L. Marsh, Esquire 

Florida Bar No.: 0311080 

Primary: kmarsh@grsm.com

Secondary:fgude@grsm.com

Secondary: TampaPleadings@grsm.com 

601 S. Harbour Island Blvd., Suite 109 

Tampa, FL 33602 

Telephone (Main): 813-444-9700 

Telephone (Direct): 813-523-4937 

Facsimile: 813-377-3505 

Scott L. Schmookler, Esquire 

Sarah R. Clark, Esquire 

Primary: sschmookler@grsm.com

Primary: srclark@grsm.com

1 N. Franklin, Suite 800 

Chicago, IL 60606 

Telephone: (312) 565-1400 

Facsimile: (312) 565-6511

Attorneys for Defendant, 

Federal Insurance Company 

1211057/60398967v.1 

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