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IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

GARY LEE SEYMOUR

DOC # T77153,

 Plaintiff,

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

RICKY DIXON, SECRETARY

OF THE FLORIDA DEPARTMENT

OF CORRECTIONS,

 Defendant.

/

MOTION FOR EXTENSION OF TIME TO FILE EXHIBIT AND WITNESS 

LISTS

Ricky Dixon, Secretary of the Florida Department of Corrections

(“Defendant”), through counsel, and pursuant to Rule 6(b), Fed. R. Civ. P., moves

this Court for an extension of time, up to and including March 24, 2023, to file his

Exhibit and Witness Lists pursuant to this Court’s Orders (Docs. 65, 89), and in 

support state the following:

1. On November 10, 2022, this Court issued an Order requiring that Plaintiff

submit his Pre-Trial Narrative, Exhibit List, and Witness List by December 

12, 2023. (Doc. 65 at 1-2). The Order further indicated that Defendant would 

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be required to file its documents within thirty days of Plaintiff’s submission. 

(Docs. 65 at 3).

2. On February 2, 2023, this Court issued an Order extending the deadlines 

until March 10, 2023, and requiring both parties to file their documents on 

the same date. (Doc. 89).

3. Since the issuance of this Court’s Order, undersigned counsel appeared on 

behalf of Defendant. (Doc. 91). 

4. After appearing on the case, Defendant began working towards compliance 

of this Court’s Order, but has not been able to fully finish determining what 

exhibits and witnesses it would present at trial.

5. Defendant has filed its Pre-Trial Narrative describing what his position is on 

the issue pursued by Plaintiff, see (Doc. 95), but requires additional time to 

determine what exhibits and witnesses may be important to present. 

6. Defendant intends to present exhibits from Plaintiff’s medical records, 

which is voluminous. Defendant is working towards identifying the 

important exhibits, but additional time is required.

7. Further, Defendant intends to call as witnesses, medical professionals who 

have treated Plaintiff, but has not yet fully identified who the individuals are. 

Defendant requires additional time to identify the individuals.

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8. Based on the described issues not being completed, on March 10, 2023, 

Defendant approached Plaintiff’s counsel about a potential extension. 

Plaintiff’s counsel responded, “[t]o the extent you want to rely on things not 

in the record, we would oppose the extension. To the extent you will rely on 

witnesses and exhibits in the record, then we would have no issue with the 

extension.”

9. At this time, it is unclear whether additional evidence will be intended to be 

presented that is “not in the record,” and as such, Defendant treats this 

Motion as objected to.

MEMORANDUM OF LAW

Pursuant to Federal Rules of Civil Procedure:

When an act may or must be done within a specified time, the court 

may, for good cause, extend the time:

(A) With or without motion or notice if the court acts, or if a request is 

made, before the original time or its extension expires.

Fed. R. Civ. P. 6(b)(1). Based on the issues described above, Defendant would 

request additional time to work towards identifying exhibits and witnesses he 

intends to present and provide the lists of such evidence to Plaintiff. The exhibits 

and witnesses would be key to defending this case, and without them, defendant

would not be able to adequately defend himself. The additional time will not 

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prejudice Plaintiff, who has already filed his exhibit and witness lists and wishes to 

call any exhibit or witness which Defendant presents. See (Docs. 93 at 2, 94 at 4).

If the extension were not granted, Defendant would likely file something as a 

placeholder on the docket so that its rights at trial were protected, and then would 

proceed to amend.

WHEREFORE, Defendant respectfully requests that this Court enter an

Order providing Defendant with until March 24, 2023, to file his Exhibit and 

Witness Lists.

Respectfully submitted,

ASHLEY MOODY 

ATTORNEY GENERAL

Office of the Attorney General

The Capitol, PL-01

Tallahassee, Florida 32399-1050

Telephone: (850) 414-3300

Facsimile: (850) 488-4872

/s/ Erik Kverne

Erik Kverne

Assistant Attorney General

Florida Bar No. 99829

Erik.Kverne@myfloridalegal.com

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Motion 

for Extension of Time to File Exhibit and Witness Lists was e-filed and served

electronically on counsel of record through CM/ECF on March 10, 2023.

/s/ Erik Kverne

Erik Kverne

Assistant Attorney General

Florida Bar No. 99829

Office of the Attorney General

CERTIFICATE OF COMPLIANCE

I HEREBY CERTIFY that undersigned counsel has conferred with 

Plaintiff’s counsel of record pursuant to N.D. Local Rule 7.1(B) prior to the filing 

of this Motion. Plaintiff’s counsel indicated that he objects to this Motion.

/s/ Erik Kverne

Erik Kverne

Assistant Attorney General

Florida Bar No. 99829

Office of the Attorney General

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