UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

MATHEW SELOVER, 

Plaintiff, 

v. Case No. 3:20cv04698-TKW-HTC 

ESCAMBIA COUNTY BOARD 

OF COMMISSIONERS and 

RAYME EDLER, 

Defendants. 

___________________________/

DEFENDANT EDLER’S MOTION TO MODIFY SCHEDULNG ORDER

TO EXTEND EXPERT DEADLINES

Pursuant to Fed. R. Civ. P. 16(b)(4), Defendant Dr. Rayme Edler (“Edler”) 

respectfully requests the Court to modify the December 30, 2020 Scheduling Order 

to extend Defendant Edler’s expert disclosure deadline from April 23, 2021, up to and 

including May 7, 2021; and to enlarge Plaintiff Matthew Selover’s time for taking 

defendant’s expert’s deposition to June 7, 2021. As grounds for the motion, Edler 

states as follows:

1. Under the amended scheduling order, and by agreement of the Parties, 

Edler’s expert disclosure date is April 23, 2021.1 (Doc. 43)

2. Edler could not meet the deadline, despite the exercise of due diligence.

3. Counsel for Edler conferred with counsel for Plaintiff regarding the 

requested extension. Plaintiff’s counsel could not agree, because the requested 

extension would leave too little time to complete expert discovery. To solve that 

1 The April 23, 2021, deadline resulted from Plaintiff’s counsel’s prior agreement to 

extend Edler’s deadline from April 9, 2021, as allowed by the December 30, 2020, scheduling 

order.

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problem, Edler also requests an enlargement of Plaintiff’s counsel’s time to take her 

expert’s deposition.

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). Good cause exists 

here where Edler could not meet the deadline despite due diligence.

5. 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).

WHEREFORE, Defendant Rayme Edler respectfully requests the Court to modify 

the December 30, 2020 Scheduling Order to extend Edler’s expert disclosure deadline 

from April 23, 2021, up to and including May 7, 2021; and to enlarge Plaintiff Matthew 

Selover’s time for taking defendant’s expert’s deposition to June 7, 2021.

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 in a good faith effort to resolve the issues and 

Plaintiff has advised they oppose this motion. 

Cecily L. Kaffer, 

pro hac vice 

The Kullman Firm

A Professional Law Corporation

Post Office Box 1287

Mobile, Alabama 36633

Telephone: (251) 432-1811

clk@kullmanlaw.com

Attorney for Defendant Rayme Edler 

Case 3:20-cv-04698-TKW-HTC Document 48 Filed 04/23/21 Page 2 of 3
CERTIFICATE OF SERVICE

I certify that on April 23, 2021, I electronically filed the foregoing with the 

Clerk of the Court using the CM/ECF system which will send notification of such 

filing to the following:

Katie Gudaitis

Stephanie Pidermann

Lydecker Diaz

495 Grand Blvd.

Miramar Beach, FL 32550

Telephone: (305) 416-3180

kg@lydeckerdiaz.com

sp@lydeckerdiaz.com

J.J. Talbott

Travis P. Lambert

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

900 East Moreno Street

Pensacola, Florida 32503

Telephone: (850) 437-9600

jjtalbott@talbottlaw.com

travis@talbottlaw.com

/s/ Cecily L. Kaffer

Cecily L. Kaffer

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