1

LYDECKER | DIAZ

www.lydeckerdiaz.com

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

MATHEW SELOVER,

Plaintiff,

v. Case No.: 3-20-CV-04698-TKW-HTC

ESCAMBIA COUNTY BOARD

OF COUNTY COMMISSIONERS; 

and RAYME EDLER,

Defendants. 

_________________________________/

DEFENDANTS’ JOINT MOTION TO EXTEND MEDIATION DEADLINE

COMES NOW Defendants, ESCAMBIA COUNTY BOARD OF COUNTY 

COMMISSIONERS (the “County”), and DR. RAYME EDLER, (“Dr. Edler”) by 

and through their counsel, hereby move for an extension of the mediation deadline

and for good cause states as follows:

1. Pursuant to the Scheduling and Mediation Order entered April 30, 

2020, the discovery deadline was set for April 8, 2021. (Doc. 25). 

2. On December 29, 2020, the parties filed a Joint Motion to Extend 

Discovery Deadlines requesting the discovery deadlines, and all other deadlines 

dependent thereon, be extended by 45 days. (Doc. 42).

Case 3:20-cv-04698-TKW-HTC Document 47 Filed 04/22/21 Page 1 of 5
2

LYDECKER | DIAZ

www.lydeckerdiaz.com

3. On December 30, 2020, this Court Granted the Parties’ Joint Motion 

for Extension of Time. (Doc. 43). Therefore, the discovery deadline was extended 

by 45 days to May 24, 2021. In addition, all deadlines tied to the discovery 

deadline in the Scheduling and Mediation Order (Doc. 25) were likewise extended.

4. Pursuant to this Court’s Scheduling and Mediation Order, the deadline 

for mediating this case is 30 days before the discovery deadline of May 24, 2021. 

As such, the deadline to mediate is April 23, 2021. (Doc 25, Doc 43).

5. The Parties have agreed upon a mediator to mediate this matter, David 

Hiers. 

6. Therefore, undersigned counsel for the County reached out to David 

Hiers’ office to obtain dates on two (2) different occasions and provided the dates 

to the other Parties. 

7. However, despite the Parties’ best efforts, the Parties have not been 

able to coordinate a mediation date due to scheduling conflicts.

8. Federal Rule of Civil Procedure 16 requires a showing of good cause 

for modification of a court’s scheduling order. Fed. R. Civ. P. 16(b)(4). 

9. District courts have broad discretion when managing their cases, 

including discovery and scheduling. Johnson v. Bd. of Regents of Univ. of Ga., 263 

F.3d 1234, 1269 (11th Cir. 2001).

Case 3:20-cv-04698-TKW-HTC Document 47 Filed 04/22/21 Page 2 of 5
3

LYDECKER | DIAZ

www.lydeckerdiaz.com

10. Here, the Parties have attempted to coordinate mediation in good 

faith, but have not been able to agree upon a scheduled date prior to April 23, 

2021. 

11. In addition, Defendants believe that Mediation would be more 

beneficial after the close of discovery when all of the facts have been investigated 

and presented. 

12. Moreover, once discovery has ended, the Parties will be able to better 

assess the value of the case and likelihood of summary judgment. 

13. As such, Defendants are requesting that this Court enter an Order 

granting an extension of time for the Parties to conduct mediation after the 

discovery deadline expires on May 24, 2021. 

14. Accordingly, Defendants are requesting a 45 day extension of time to 

mediate this matter until June 7, 2021.

WHEREFORE, Defendants, Escambia County Board of County 

Commissioners and Dr. Rayme Edler, request this Court extend the mediation 

deadline by 45 days, until June 7, 2021.

Case 3:20-cv-04698-TKW-HTC Document 47 Filed 04/22/21 Page 3 of 5
4

LYDECKER | DIAZ

www.lydeckerdiaz.com

CERTIFICATION UNDER L.R. 7.1 

Pursuant to Local Rule 7.1, we hereby certify that counsel for the movant 

has conferred with counsel for Plaintiff on April 22, 2021 via email in a good faith 

effort to resolve the issues and Plaintiff has advised they oppose this motion. 

Dated: April 22, 2021

s/s CECILY L. KAFFER__________

CECILY L. KAFFER

Pro hac vice

Alabama Bar No. ASB-5953-R66C

The Kullman Firm

PO Box 1287

Mobile, AL 36633

(251) 378-2213

(251) 433-1230 (facsimile)

clk@kullmanlaw.com

Attorney for Defendant Rayme Edler

/s/ KATIE GUDAITIS___________ 

KATIE GUDAITIS 

Florida Bar No. 106954 

Lydecker Diaz 

1221 Brickell Avenue, 19th Floor 

Miami, FL 33131 

(305) 416-3180 

(305) 416-3190 (facsimile) 

kg@lydeckerdiaz.com 

Attorney for Defendant Escambia 

County Board of County 

Commissioners 

CERTIFICATE OF SERVICE

I hereby certify that I electronically filed the foregoing document with the 

Clerk of Court using CM/ECF on April 22, 2021. I also certify that a true and 

correct copy of the foregoing was served this day via transmission of Notices of 

Electronic Filing generated by CM/ECF on all counsel or parties of record on the 

Service List below.

/s/ Katie Gudaitis

Katie Gudaitis, Esq. 

Case 3:20-cv-04698-TKW-HTC Document 47 Filed 04/22/21 Page 4 of 5
5

LYDECKER | DIAZ

www.lydeckerdiaz.com

SERVICE LIST

JEREMIAH J. TALBOTT, ESQ.

Law Office of Jeremiah J. Talbott, P.A.

900 E. Moreno Street 

Pensacola, FL 32503

PIE:jjtalbott@talbottlawfirm.com

S/E:civilfilings@talbottlawfirm.com

Phone: (850) 434-9200

Attorneys for Plaintiff

CECILY L. KAFFER, ESQ.

Pro Hac Vice

The Kullman Firm

Post Office Box 1287

Mobile, Alabama 36633

P: clk@kullmanlaw.com

T: 251) 432-1811

Attorney for Rayme Edler

Case 3:20-cv-04698-TKW-HTC Document 47 Filed 04/22/21 Page 5 of 5