NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

PATRICIA PITTS,

 Plaintiff,

vs. CASE NO.: 5:20-cv254-TKW-MJF

PALAZZO OWNERS

ASSOCIATION INC.,

Defendant.

AGREED MOTION TO AMEND INITIAL SCHEDULING ORDER

REGARDING DISCLOSURE OF EXPERTS AND AMENDMENT OF 

PLEADINGS/JOINDER OF PARTIES

Plaintiff, Patricia Pitts (hereinafter “Plaintiff”) pursuant to Fed. R. Civ. P. 

6(b) and Local Rule 6.1, respectfully moves the Court for an order extending 

Plaintiff’s and Defendant’s time to disclose retained expert witnesses under Rule 

26(a)(2) to January 9, 2021 and February 8, 2021 respectively and the deadline to 

amend the pleadings and to join additional parties to January 1, 2021 and January 

15, 2021 respectively. The undersigned counsel has conferred with Defense 

counsel, who agrees to the relief sought by this motion. In support thereof, 

Plaintiff states:

1. This Court entered its Initial Scheduling order on September 25, 2020. 

(Dkt. No. 4).

Case 5:20-cv-00254-TKW-MJF Document 9 Filed 11/25/20 Page 1 of 5
2

2. The parties filed the Report of Parties’ Planning Meeting (Form 52) 

and Additional Matters Required by Initial Scheduling Order on November 3, 

2020. (Dkt. No. 7).

3. Although the parties inserted deadlines in the planning report for the 

production of expert reports (April 15, 2021 for the Plaintiff and May 14, 2021 for 

the Defendant) they inadvertently neglected to insert deadlines for initial expert 

witness disclosures.

4. The Initial Scheduling Order required the Plaintiff to disclose Rule 

26(a)(2) expert witnesses and their opinions within 60 days from the date of the 

Order. Thus, the deadline under the Initial Scheduling Order for the Plaintiff to 

disclose expert witnesses is November 25, 2020. The Initial Scheduling Order 

further required the Defendant to disclose Rule 26(a)(2) expert witnesses and their 

opinions within 30 days thereafter. Thus, the deadline for the Defendant to 

disclose expert witnesses is December 25, 2020.

5. Additionally, it was recently discovered through the discovery process

that the Defendant is in possession of a surveillance video which purportedly 

depicts the subject incident (a fall that occurred at the Defendant’s premises). 

However, the video has not yet been produced to the Plaintiff.

6. Defense counsel contends that the video is privileged work product.

Case 5:20-cv-00254-TKW-MJF Document 9 Filed 11/25/20 Page 2 of 5
3

7. As such, it will be necessary for the Plaintiff to file a Motion to 

Compel the surveillance video and for this issue to be resolved by the Court. 

8. In the event that the Court orders the Defendant to produce the 

surveillance video, both parties agree that the Plaintiff should be provided an 

opportunity to review the video prior to disclosing expert witnesses.

9. As such, counsel respectfully request that the Rule 26(a)(2) expert 

witness disclosure deadlines as stated in the Initial Scheduling Order be extended 

for forty-five (45) days or until January 9, 2021 for the Plaintiff and for thirty (30) 

days thereafter or until February 8, 2021 for the Defendant.

10. Finally, counsel would request that the deadline to join additional 

parties and amend pleadings that is currently set for December 1, 2020 for the 

Plaintiff and December 15, 2020 for the Defendant be extended for thirty (30) days 

or until January 1, 2021 for the Plaintiff and January 15, 2021 for the Defendant to 

allow the parties adequate time to make that determination.

11. The requested extension will not affect any further deadlines in this 

matter and is not sought for the purpose of delay or harassment.

12. Pursuant to Local Rule 7.1(b), on November 20, 2020 the parties 

conferred with respect to this Agreed Motion to Amend Initial Scheduling Order 

Regarding Disclosure of Experts. Defense Counsel stipulated to the relief sought 

herein.

Case 5:20-cv-00254-TKW-MJF Document 9 Filed 11/25/20 Page 3 of 5
4

13. Accordingly, the parties respectfully request that this Court extend 

Plaintiff’s time to disclose experts from November 25, 2020 to January 9, 2021;

extend Defendant’s time to disclose experts from December 25, 2020 to February 

8, 2021 and extend the deadline to amend the pleadings and add parties from 

December 1, 2020 to January 1, 2021 for the Plaintiff and from December 15, 2020 

to January 15, 2021 for the Defendant.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 25

th day of November, 2020, a true and 

correct copy of the foregoing was filed with the Clerk of Court using the CM/ECF 

system, which will send an automatic e-mail message to the following parties:

Randall G. Rogers, Esq.

Florida Bar No.: 0195626

Aaron T. McCurdy, Esq.

Florida Bar No.: 0106499

COLE, SCOTT & KISSANE, P.A.

890 South Palafox Street

Suite 200

Pensacola, FL 32502

(850) 483-5900 Telephone

(850) 438-6969 Facsimile

Counsel for Defendant, Palazzo

Owners Association, Inc.

BRYANT, HIGBY, & BARR, CHARTERED

Counsel for Plaintiff, Patricia Pitts

833 Harrison Avenue

Panama City, Florida 32401

Telephone (850)763-1787

Email: chigby@bryanthigby.com

Email: kbarr@bryanthhigby.com

Case 5:20-cv-00254-TKW-MJF Document 9 Filed 11/25/20 Page 4 of 5
5

Email: tbenner@bryatnhigby.com

By: s/ Kevin Barr

 KEVIN BARR

 Florida Bar No.: 0088938

Case 5:20-cv-00254-TKW-MJF Document 9 Filed 11/25/20 Page 5 of 5