1 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO: 20-21707-CV-UNGARO 

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. 

FEDERAL INSURANCE COMPANY’S MOTION FOR AN EXTENSION OF THE 

DISCOVERY DEADLINE 

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

extension of the deadline for the completion of all discovery as set forth in the June 22, 2021 

Scheduling Order (Doc. 96), pursuant to Rules 6, 16, and 26 of the Federal Rules of Civil 

Procedure and Rule 7.1 of the Local Rules of the United States District Court for the Southern 

District of Florida. In support of its motion, Federal states: 

1. Federal requests the deadline for the parties to complete all discovery be extended 

by twelve (12) days because Plaintiff’s Rule 30(b)(6) corporate representative or former employee, 

Maritza Williams, are not available for deposition prior to the discovery closure deadline on July 

9, 2021. This extension will not require an extension of other pre-trial dates. 

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 

(Doc. 39), and each defendant timely filed answers and affirmative defenses. 

Case 1:20-cv-21707-JEM Document 104 Entered on FLSD Docket 07/02/2021 Page 1 of 8
2 

3. The Parties have been working together in a cooperative manner to progress 

discovery, schedule depositions, resolve most discovery disputes that have arisen to date, and to 

coordinate on the production of voluminous document exchanges. 

4. Federal sought leave of court to take the depositions of a total of fifteen witnesses 

in this matter, including Plaintiff’s Rule 30(b)(6) corporate representative and a former employee, 

Maritza Williams. 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 (Doc. 89). 

5. With respect to the designated matters of examination related to the deposition of 

Plaintiff’s Rule 30(b)(6) corporate representative, the parties met and conferred as follows: 

 May 21, 2021: Federal provided Raymond James with the Matters of Examination 

and requested a time to confer about the topics; 

 May 28, 2021: Raymond James objected to the Matters of Examination; 

 June 16, 2021: Federal replied to Raymond James’s objections to the Matters of 

Examination and agreed to limit the scope of various matters; 

 June 21, 2021: Raymond James served further and additional objections to the 

Matters of Examination; 

 June 25, 2021: Federal responded to Raymond James’s further objections and 

requested a date certain for the corporate representative deposition; and 

 June 28, 2021: Federal again requested a date certain for the corporate 

representative deposition. 

To date, Plaintiff has not provided a date for the deposition of its Rule 30(b)(6) corporate 

representative. 

Case 1:20-cv-21707-JEM Document 104 Entered on FLSD Docket 07/02/2021 Page 2 of 8
3 

6. With respect to the deposition of Ms. Williams, Plaintiff provided dates for her 

deposition; however, all of the dates fall after the close of discovery on July 9, 2021. Specifically, 

on June 28, 2021, counsel for Plaintiff indicated Ms. Williams is available from July 14, through 

July 17, 2021 and from July 28, through July 31, 2021. 

7. Despite Federal’s diligent efforts to secure the depositions of Raymond James’s 

corporate representative and Ms. Williams prior to the close of discovery, it cannot complete these 

depositions before the discovery closure deadline on July 9, 2021. Therefore, Federal seeks a 

brief, twelve-day extension of the discovery closure deadline to preserve its ability to take the 

depositions. 

MEMORANDUM OF LAW 

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

Fed. R. Civ. P. 6, 16, and 26. “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. 

9. Here, Federal respectfully submits that good cause exists because the Parties 

worked together to resolve disputes, diligently followed up with each other, and continue efforts 

to progress discovery. 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. 7.1(a)(1)(J). 

Case 1:20-cv-21707-JEM Document 104 Entered on FLSD Docket 07/02/2021 Page 3 of 8
4 

10. The extension will not prejudice the Parties or unduly extend this case beyond the 

time required to accommodate the additional discovery. 

11. Therefore, Federal respectfully requests this Court extend the following deadline to 

complete discovery by twelve days to, and including, July 21, 2021, for the sole purpose of 

completing the 30(b)(6) deposition of Raymond James and the individual deposition of Ms. 

Williams. 

12. WHEREFORE, Federal respectfully requests that this Court grant its Motion for an 

Extension of the Discovery Deadline as set forth herein, allow twelve days to, and including, July 

21, 2021, for the sole purpose of completing the 30(b)(6) deposition of Raymond James and the 

individual deposition of Ms. Williams, and all other further this Court shall deem appropriate. 

Case 1:20-cv-21707-JEM Document 104 Entered on FLSD Docket 07/02/2021 Page 4 of 8
5 

CERTIFICATE OF CONFERENCE 

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

conferred with Plaintiff in a good-faith effort to resolve these issues and are unable to resolve these 

issues. 

Dated: July 2, 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

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 

Case 1:20-cv-21707-JEM Document 104 Entered on FLSD Docket 07/02/2021 Page 5 of 8
6 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on July 2, 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 

Case 1:20-cv-21707-JEM Document 104 Entered on FLSD Docket 07/02/2021 Page 6 of 8
7 

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.

Case 1:20-cv-21707-JEM Document 104 Entered on FLSD Docket 07/02/2021 Page 7 of 8
8 

GORDON & REES, LLP 

s/Kristina L. Marsh 

Kristina L. Marsh, Esquire 

Florida Bar No.: 0311080 

Primary: kmarsh@grsm.com

Secondary:cyoung@grsm.com

Secondary: fgude@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 

1211057/59437188v.1 

Case 1:20-cv-21707-JEM Document 104 Entered on FLSD Docket 07/02/2021 Page 8 of 8