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UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

GARY LEE SEYMOUR,

Plaintiff,

v. Case No. 5:20-cv-214-TKW-MJF

RICKY D. DIXON,

Defendant.

/

ORDER

This case is before the court upon Plaintiff’s “Time-Sensitive Opposed 

Motion to Reopen Discovery for 60 Days and Extend the Deadlines in D.E. 65 to 

February 10, 2023 for Both Parties.” Doc. 71. Plaintiff seeks to reopen discovery for 

the following purpose: “to serve one round of discovery requests to Defendant and 

a Fed. R. Civ. P. 45 subpoena on FDC’s medical provider (Centurion) and Fed. R. 

Civ. P. 30(b)(6) depositions of persons designated by FDC and Centurion on the 

issues raised in this case.” Doc. 71 at 3.

On December 8, 2022, the undersigned ordered Defendant to respond to 

Plaintiff’s motion within five days. Doc. 72. Defendant has filed a limited response 

and motion for extension of time. Doc. 73. Defendant’s limited response states that 

he does not oppose: (1) service of a Rule 45 subpoena on the non-party medical 

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provider (recognizing that Defendant cannot waive the provider’s specific 

objections, if any, once served); and (2) an extension of the deadline for the parties

to file their pretrial statements, witness and exhibit lists. Doc. 73 at 1; see also Doc. 

65 (Pre-Trial Order). Defendant seeks a 5-day extension of time to respond to 

Plaintiff’s request to reopen discovery for the purpose of taking depositions and 

serving a request for production of documents. 

Upon consideration of the foregoing, is it ORDERED that:

1. Plaintiff’s “Time-Sensitive Opposed Motion to Reopen Discovery for 

60 Days and Extend the Deadlines in D.E. 65 to February 10, 2023 for Both 

Parties,” Doc. 71, is GRANTED IN PART and DEFERRED IN PART as 

follows:

a. Plaintiff’s request to serve a Rule 45 subpoena on the FDC’s 

medical provider for documents related to the issues in this case is 

GRANTED, subject to the provider’s right to object;

1

b. Plaintiff’s request to extend the deadline for the parties to file 

their pretrial statements, exhibit and witness lists is GRANTED to the 

1 Plaintiff should bear in mind the narrow issue involved in this lawsuit and the 

procedural posture of this case. This is Mr. Seymour’s individual lawsuit (not a class 

action) concerning the FDC’s failure to accommodate his disability. This case has 

been pending for two years, is beyond the pleading and dispositive-motion stages, 

and is poised for a settlement conference and trial. An overbroad subpoena will cause 

unnecessary delay and motion practice.

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extent that the deadline for both parties is EXTENDED to a unified 

deadline of FEBRUARY 10, 2023.

c. Plaintiff’s motion, Doc. 71, is DEFERRED in all other respects.

2. Defendant’s motion for a 5-day enlargement of time, Doc. 73, to 

respond to the remainder of Plaintiff’s motion to reopen discovery is 

GRANTED, and Defendant’s deadline is EXTENDED to DECEMBER 19, 

2022.

SO ORDERED this 13th day of December, 2022.

/s/ Michael J. Frank 

Michael J. Frank

United States Magistrate Judge

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