Plaintiffs’ Response in Opposition to Defendants’ Joint Motion to Extend Mediation Deadline

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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

MATHEW SELOVER

Plaintiff, 

vs. CASE NUMBER: 3:20-CV-4698-

TKW-HTC

 

ESCAMBIA COUNTY BOARD

OF COUNTY COMMISSIONERS and

RAYME EDLER, 

Defendants.

 /

PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANTS’ JOINT 

MOTION TO EXTEND MEDIATION DEADLINE

COMES NOW, the Plaintiff, MATHEW SELOVER, by and through the 

undersigned counsel, hereby Objects to Defendants’ Joint Motion to Extend 

Mediation Deadline (Doc. 47), and in support thereof, states as follows:

1. On December 30, 2020, the Court granted the Parties’ Joint Motion for 

Extension of Time which extended the discovery deadline, and all 

deadlines tied thereto, including the mediation deadline, by 45 days. 

(Doc. 43).

2. Thus, pursuant to the Court’s Scheduling Order and the extension noted 

above, the Parties deadline to mediate this case was April 23, 2021, and 

the discovery deadline is May 24, 2021. (Doc. 25, Doc. 43).

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Plaintiffs’ Response in Opposition to Defendants’ Joint Motion to Extend Mediation Deadline

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3. On April 23, 2021, Defendants filed a Joint Motion to Extend 

Mediation Deadlines to June 7, 2021. (Doc. 47).

4. 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).

5. Here, Defendants argue that they have shown good cause because, 

according to Defendants, (1) they have attempted to schedule mediation 

by the April 23, 2021 deadline in good faith but have been unsuccessful; 

and, (2) mediation should be conducted after the discovery deadline. 

(Doc. 47, ¶¶ 10-12).

6. Plaintiff objects to the relief requested by Defendants because Plaintiff 

has been attempting to schedule mediation since March 10, 2021 and 

the relief requested is contrary to the Scheduling Order in that the 

Scheduling Order requires the parties to mediate prior to the close of 

discovery. 

7. Here, Plaintiff needs Defendants’ cooperation in (1) identifying 

available dates; and, importantly (2) blocking off potential dates while 

the attorneys confirm their clients’ respective availabilities. 

8. Moreover, the Plaintiff has concerns that the extension requested by the 

Defendants does not provide a deadline to mediate the case and only 

allows for further delay. The undersigned has requested that the parties 

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Plaintiffs’ Response in Opposition to Defendants’ Joint Motion to Extend Mediation Deadline

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agree to a mediation date and include same in any motion, but that has 

not been successful. 

9. Thus, in light of parties inability to set mediation, the Plaintiff requests

that the Court Order all parties to get on the phone within 3 days of the 

date of any Order and coordinate a mediation date to occur within 25 

days of the date of said Order. 

WHEREFORE, the Plaintiff, MATHEW SELOVER, respectfully requests

this Court DENY the Defendants Motion to Extend Mediation Deadline, and instead, 

Order the Defendants to immediately schedule mediation as noted herein.

DATED: April 27, 2021 

Respectfully submitted,

/s/ Jeremiah J. Talbott

JEREMIAH J. TALBOTT, ESQ.

Florida Bar No. 0154794

TRAVIS P. LAMPERT, ESQ. 

Florida Bar No. 0099843

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

900 East Moreno Street

Pensacola, FL 32503

(850) 437-9600 / (850) 437-0906 (facsimile)

Attorneys for Plaintiff

jjtalbott@talbottlawfirm.com

civilfilings@talbottlawfirm.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 27th day of April, 2021 a true and correct 

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Plaintiffs’ Response in Opposition to Defendants’ Joint Motion to Extend Mediation Deadline

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copy of the foregoing Response was furnished to counsel for the Defendants as listed 

below via CMC/ECF.

s/ Jeremiah J. Talbott

JEREMIAH J. TALBOTT, ESQ.

SERVICE LIST

Stephanie Pidermann, Esquire

Lydecker Diaz

1221 Brickell Avenue, 19th Floor

Miami, FL 33131

sp@lydeckerdiaz.com

kg@lydeckerdiaz.com

ksm@lydeckerdiaz.com

Cecily L. Kaffer, Esq.

The Kullman Firm

P.O. Box 1287

Mobile, AL 36633

clk@kullmanlaw.com

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